Lesson 12
Banks and their customers
- When anyone opens a current account at a bank, he is lending the bank money, repayment of which he may demand at any time, either in cash or by drawing a cheque in favour of another person.当任何人开设银行活期账户时,他实际上是在借钱给银行,并有权随时要求偿还,既可以通过现金提取,也可以通过开具支票支付给他人。
- Primarily, the banker-customer relationship is that of debtor and creditor—who is which depending on whether the customer’s account is in credit or is overdrawn.首先,银行与客户的关系是债务人和债权人的关系——谁是哪一方取决于客户的账户是有存款还是透支。
- But, in addition to that basically simple concept, the bank and its customer owe a large number of obligations to one another.但是,除了那个基本的简单概念之外,银行及其客户彼此之间还负有大量的义务。
- Many of these obligations can give rise to problems and complications but a bank customer, unlike, say, a buyer of goods, cannot complain that the law is loaded against him.这些义务中的许多可能会引起问题和复杂情况,但银行客户与商品买家不同,不能抱怨法律对他不利。
- The bank must obey its customer's instructions, and not those of anyone else.银行必须遵守其客户的指令,而不是其他任何人的。
- When, for example, a customer first opens an account, he instructs the bank to debit his account only in respect of cheques drawn by himself.例如,当一位客户首次开设账户时,他会指示银行仅扣除由他本人签发的支票。
- He gives the bank specimens of his signature, and there is a very firm rule that the bank has no right or authority to pay out a customer's money on a cheque on which its customer's signature has been forged.他向银行提供了他的签名样本,并且有一条非常严格的规定:银行无权或无授权在客户签名被伪造的支票上支付客户的钱。
- It makes no difference that the forgery may have been a very skilful one: the bank must recognize its customer's signature.伪造品是否非常精巧并不重要:银行必须识别其客户的签名。
- For this reason there is no risk to the customer in the practice, adopted by banks, of printing the customer's name on his cheques.由于这个原因,银行采用的在支票上打印客户姓名的做法对客户而言不存在风险。
- If this facilitates forgery, it is the bank which will lose, not the customer.如果这促进了伪造,那么损失的是银行,而不是客户。