(a) The effect of the provisions of this article may be varied by agreement, but the parties to the agreement cannot disclaim a bank’s responsibility for its lack of good faith or failure to exercise ordinary care or limit the measure of damages for the lack or failure. However, the parties may determine by agreement the standards by which the bank’s responsibility is to be measured if those standards are not manifestly unreasonable.
(b) Federal Reserve regulations and operating circulars, clearing-house rules, and the like have the effect of agreements under subsection (a), whether or not specifically assented to by all parties interested in items handled.
(c) Action or non-action approved by this article or pursuant to Federal Reserve regulations or operating circulars is the exercise of ordinary care and, in the absence of special instructions, action or non-action consistent with clearing-house rules and the like or with a general banking usage not disapproved by this article, is prima facie the exercise of ordinary care.
(d) The specification or approval of certain procedures by this article is not disapproval of other procedures that may be reasonable under the circumstances.
(e) The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount that could not have been realized by the exercise of ordinary care. If there is also bad faith it includes any other damages the party suffered as a proximate consequence.
(Acts 1965, No. 549, p. 811; repealed by Acts 1995, No. 95-668, p. 1381, §2; added by Acts 1995, No. 95-668, p. 1381, §2.)
Notes of Decisions
Amsouth Bank, N.A. v. Spigener, 505 So. 2d 1030 (Ala. 1986).
· cites it 7× “Comment 4 to § 7-4-103 states that "[u]nder this Article banks come under the general obligations of the use of good faith and the exercise of ordinary care," and where they fail to use good faith and ordinary care, they are liable for damages, as provided for in § 7-4-103(5).”
Southland Health Servs., Inc. v. Bank of Vernon, 887 F. Supp. 2d 1158 (N.D. Ala. 2012).
· cites it 3× “The second argument is that Plaintiffs are barred from recovering consequential damages, by operation of § 7-4-103(5). Section 7-4-103(5) provides that the measure of damages for failure to “exercise ordinary care in handling an item” cannot exceed the amount of the item unless…”
Graves v. Wachovia Bank, Nat'l Ass'n, 607 F. Supp. 2d 1277 (M.D. Ala. 2009).
· cites it 4× “” 1975 Ala.Code § 7-4-103(a). And § 7-1-302(b) speaks more directly to the modification of time frames.”
Bar-Ram Irrigation Prods. v. Phenix-Girard Bank, Shalom Irrigation, Inc., 779 F.2d 1501 (11th Cir. 1986).
· cites it 2× “In so doing, the court relied on Ala.Code § 7-4-103(5) (1975), which.provides that: The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by the amount which could not have been realized by the use of ordinary care,…”
Moseley v. Washington Cnty. State Bank, 491 So. 2d 229 (Ala. 1986).
· cites it 6× “” The commentary to § 7-4-103 states, in pertinent part: “Under this Article banks come under the general obligations of the use of good faith and the exercise of ordinary care.”
— Ala. Code § 7-4-103(1) — 1 case
Moseley v. Washington Cnty. State Bank, 491 So. 2d 229 (Ala. 1986).
“” The commentary to § 7-4-103 states, in pertinent part: “Under this Article banks come under the general obligations of the use of good faith and the exercise of ordinary care.”
— Ala. Code § 7-4-103(3) — 1 case
Moseley v. Washington Cnty. State Bank, 491 So. 2d 229 (Ala. 1986).
“” The commentary to § 7-4-103 states, in pertinent part: “Under this Article banks come under the general obligations of the use of good faith and the exercise of ordinary care.”
— Ala. Code § 7-4-103(5) — 3 cases
Amsouth Bank, N.A. v. Spigener, 505 So. 2d 1030 (Ala. 1986).
“Comment 4 to § 7-4-103 states that "[u]nder this Article banks come under the general obligations of the use of good faith and the exercise of ordinary care," and where they fail to use good faith and ordinary care, they are liable for damages, as provided for in § 7-4-103(5).”
Southland Health Servs., Inc. v. Bank of Vernon, 887 F. Supp. 2d 1158 (N.D. Ala. 2012).
“The second argument is that Plaintiffs are barred from recovering consequential damages, by operation of § 7-4-103(5). Section 7-4-103(5) provides that the measure of damages for failure to “exercise ordinary care in handling an item” cannot exceed the amount of the item unless…”
Bar-Ram Irrigation Prods. v. Phenix-Girard Bank, Shalom Irrigation, Inc., 779 F.2d 1501 (11th Cir. 1986).
“In so doing, the court relied on Ala.Code § 7-4-103(5) (1975), which.provides that: The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by the amount which could not have been realized by the use of ordinary care,…”
— Ala. Code § 7-4-103(a) — 2 cases
Graves v. Wachovia Bank, Nat'l Ass'n, 607 F. Supp. 2d 1277 (M.D. Ala. 2009).
“” 1975 Ala.Code § 7-4-103(a). And § 7-1-302(b) speaks more directly to the modification of time frames.”
— Ala. Code § 7-4-103(b) — 1 case
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