Bank of Nova Scotia Case Essay

1233 Words Mar 21st, 2011 5 Pages
International Business and Management Studies

International Law

Case # 2

Mair v. Bank of Nova Scotia

Prepared for: Mr. Urem

Prepared by:

Monica Kuijt Rumayor 08058733

Leron Mardenborough 08084157

Farah Dara Carriza 08059365

Njoek-sien Baptist 09073728

Dennis Kreeft 08079684

Kaylee Hu 09088091

Class: 3 IBMS B

September 29, 2010

Summary of the case

This case is titled: “Mair v. Bank of Nova Scotia”

The main focus of the case is on the Bill of Exchange act. The definition and several examples of other cases concerning this act are mentioned in the case. The actual case that is mentioned is about the appeal from a decision of Judge Robotham date 18th of June 1980. The appellant, an
…show more content…
On the question of damages, the appellant claimed that the damages he suffered was the debiting of this account with an amount payable by check drawn by him to “Barbara Hill” and not “Barbara Hill Associates”.

The decision of the court regarding this was that he did not suffer any actual damages due to the alteration because the amount and the person payable on the check did not actually change. Thus, he was awarded only a nominal sum of $5 by the court.

Opinion on the final decision

The case mentioned that the check was issued towards Barbara Hill before being altered to Barbara Hill and Associates. The case mentioned that the alteration was not noticed by the bank, an act of negligence according to Mair. According to the case he decides to sew the bank for the initial $6000, plus extra interest on that sum.

In our opinion we think that the court made the correct and righteous decision in the case of Mair vs. Bank. The alteration to the check should have been noticed by the bank indeed, but the alteration of the check did not lead to any significant changes in the agreement. The sum of money was not changed, nor was Mr. Mair treated unrighteous by either Barbara Hill or the bank. The only mistake the bank made was to miss the alteration concerning the name of the check, and they paid Mr. Mair a sum of 5$ for this mistake, because the mistake was not of grave

Related Documents