(a) Discuss the Duties of a Bank to its Customer under the Bank/Customer Relationship. (15 marks)

(b) What are the limitations to the Duty of Secrecy and Confidentiality? (5 marks)

(Total – 20 marks)

(a) Duties of a Bank to its Customer (15 marks): The banker-customer relationship is contractual, implied from account opening, with duties rooted in common law (e.g., Foley v Hill (1848) 2 HL Cas 28) and Ghanaian statutes like Act 930. Banks like Stanbic Bank Ghana uphold these for trust and compliance.

  1. Duty to Honor Cheques: Pay valid cheques if funds suffice, per the Bills of Exchange Act. Failure leads to damages for wrongful dishonor.
  2. Duty of Care and Skill: Exercise reasonable care in operations, e.g., advising on investments (Woods v Martins Bank [1959]). Includes anti-fraud measures under BoG’s Cyber Security Directive.
  3. Duty to Keep Accurate Accounts: Maintain proper records; errors can lead to liability.
  4. Duty of Secrecy: Confidential information protected (Tournier v National Provincial Bank [1924]), crucial post-2019 cleanup.
  5. Duty to Provide Statements: Regular account updates on request.
  6. Duty to Act on Instructions: Execute lawful mandates promptly.
  7. Duty to Advise on Risks: In fiduciary roles, disclose material facts.

These duties balance with customer obligations, ensuring resilience per Basel principles.

(b) Limitations to the Duty of Secrecy (5 marks): The secrecy duty is not absolute; exceptions include:

  1. Customer Consent: Express or implied disclosure allowed.
  2. Legal Compulsion: Court orders, e.g., under Anti-Money Laundering Act, 2020 (Act 1044).
  3. Public Duty: Reporting suspicions to authorities (e.g., BoG for fraud).
  4. Bank’s Interest: Defending lawsuits or recovering debts.
  5. Common Practice: Limited inter-bank sharing for credit checks.

In practice, breaches risk fines under Act 930, as in data protection cases.