This judgment of the commercial chamber of the ‟Cour de cassation” dated 11 February 2003 provides important details on the liability of the banker drawing a forged bank check, when the amount indicated on this check is falsified after the creation of this payment instrument.
This solution of the ‟Cour de cassation” is in line with the case law developed to date, which imposes on banks an obligation of vigilance only limited by the obligation of non-interference in the affairs of its client. So what is the liability regime of the banker drawing a forged bank check?
It should be noted that this is the first time that the existence of a general obligation of prudence and security incumbent on the banker who has drawn a cashier’s check has been recognised; this type of obligation having been used until now in very diverse areas of liability law, such as labour law, consumer law, road, air and maritime safety law, computer science and medical law.
This general obligation placed on the bank tightens the liability regime of banking institutions, which must, in addition to being vigilant, ensure the security and inviolability of the payment instruments made available to their clients and act, on all occasions, with maximum caution without interfering in the affairs of their clients.
The liability regime of the banker drawing a forged bank check has increased, and that is a positive thing for consumers in France.Read article here