Discuss the legal duties that a bank owes to its customers. (20 marks)

The banker-customer relationship is primarily contractual, implied from account opening, with duties derived from common law, statutes like Act 930, and BoG directives. Key duties include:

  • Duty to Honor Cheques: Banks must pay valid cheques if funds suffice (Joachimson v. Swiss Bank, 1921). In Ghana, failure can lead to damages; e.g., wrongful dishonor affects creditworthiness. BoG’s Liquidity Guidelines ensure banks maintain reserves for this.
  • Duty of Confidentiality: Banks must keep customer information secret (Tournier v. National Provincial Bank, 1924), except for exceptions like compulsion by law, public duty, bank interest, or consent. In Ghana, reinforced by Data Protection Act, 2012 (Act 843) and BoG’s Cyber Directive; breaches, as in some 2017 collapses, led to trust erosion.
  • Duty to Exercise Care and Skill: In providing advice or services, banks owe a duty of care under tort (negligence) or contract. E.g., advising on investments requires reasonable skill; failures can result in liability, as per Hedley Byrne v. Heller (1964). Ghanaian banks like Access Bank train staff to avoid mis-selling, per Corporate Governance Directive.
  • Duty in Collecting and Paying Instruments: As agent, banks must collect cheques diligently and credit promptly. For safe custody, implied duty to safeguard items (e.g., documents), with liability for loss.
  • Duty to Provide Statements and Information: Regular account statements and respond to inquiries, supporting transparency under Act 930.

In practice, these duties foster trust; violations during the 2017-2019 cleanup highlighted governance failures at banks like Capital Bank. Banks mitigate via compliance frameworks, ensuring profitability and resilience.