a. “A Negotiable Instrument must express clarity in the instruction on the instrument without any ambiguity”. Explain TWO characteristics of a Negotiable Instrument. (4 Marks)

b. The relationship between the banker and his customer is said to be the relationship between a debtor and a creditor. You are required to state FIVE duties of a banker to its customer. (5 Marks)

c. A testator that has made a Will can only revoke it under certain circumstances. Explain THREE ways by which a Will may be revoked. (6 Marks)

a. Characteristics of a Negotiable Instrument:

  1. Transferability: A negotiable instrument is designed to be easily transferable from one party to another. The holder of the instrument can transfer their rights and obligations to another person simply by endorsement or delivery. This facilitates the circulation of instruments like cheques and promissory notes in commerce.
  2. Inherent Rights: The holder of a negotiable instrument possesses certain inherent rights, including the right to receive payment from the issuer or maker. This right remains with the holder even if the instrument is transferred, ensuring that the holder can enforce their claim against the issuer or maker.

b. Duties of a banker to its customer:

  1. Duty of Care: A banker must exercise reasonable care and skill in managing the customer’s account and handling transactions, ensuring no errors occur that could harm the customer financially.
  2. Duty to Keep Information Confidential: Bankers are obligated to maintain the confidentiality of their customers’ information and transactions, disclosing details only when legally required or with the customer’s consent.
  3. Duty to Provide Services Promptly: Banks must ensure that services are provided to customers efficiently and without undue delay, including processing deposits, withdrawals, and other transactions.
  4. Duty to Honor Cheques: A banker must honor valid cheques presented by the customer, provided there are sufficient funds in the account and the cheque is within the validity period.
  5. Duty to Inform: Banks must inform customers of any changes to the terms of service, interest rates, fees, or any other relevant information that may affect their banking relationship.

c. Ways a Will may be revoked:

  1. By Another Will: A testator can revoke an existing Will by creating a new Will that expressly states the intention to revoke the prior Will or that contains conflicting provisions regarding the distribution of the estate.
  2. By Physical Destruction: The testator can revoke a Will by physically destroying it, such as tearing it up or burning it, indicating the intention to revoke the document completely.
  3. By Operation of Law: A Will can also be revoked by operation of law under certain circumstances, such as marriage or divorce. In some jurisdictions, marrying after making a Will may automatically revoke the Will unless specified otherwise.
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