Mrs. Jones lost her debit card while on holiday abroad. Unauthorized transactions were made on her account using her PIN. The bank denied her claim, arguing she must have shared her PIN. Mrs. Jones wants to make a complaint to the banking ombudsman. The summary examines the relevant EFT code and determines that the bank would be liable unless it can prove Mrs. Jones contributed to the loss, as she reported the card missing immediately and there is no evidence she shared her PIN. The ombudsman would likely rule in Mrs. Jones' favor based on the information provided.
company names mentioned herein are for identification and educational purposes only and are the property of, and may be trademarks of, their respective owners.
company names mentioned herein are for identification and educational purposes only and are the property of, and may be trademarks of, their respective owners.
Ukash and Mobile Casinos: A Comprehensive GuideDroid Slots
Ukash is one of the safest ways to deposit money at online and mobile casinos. Simply go to a Ukash outlet and hand over your cash in exchange for vouchers that, depending on the outlet, range from £5 to £200.
Each voucher has a unique 19 digit code. Input your code in the banking section of mobile casinos, and your casino account will be credited with the value of your voucher, almost immediately.
The process ensures that you never need to reveal your banking details to any casino. Not even Ukash! So you can rest easy!
The Reserve Bank of India is set to approach the Centre to secure tax incentives for retail investments in sovereign securities under the Retail Direct Scheme (RDS), which places India within a select group of countries that have democratized government debt ownership.
Torts, Crimes and BusinessChapter 7 & 8Intent vs.docxedwardmarivel
Torts, Crimes and Business
Chapter 7 & 8
Intent vs. AccidentIntent: b. The state of mind with which an act is done. 2a: clearly formulated or planned intention.Accident: 1a: an event occurring by chance or arising from unknown cause. b. Lack of intention or necessity. c: an unexpected happening causing loss or injury which is not due to any fault or misconduct on the part of the person injured but from the consequences of which he may be entitled to some legal relief. Webster’s New Collegiate Dictionary
Intent DefinedMens rea: A guilty mind. The mental state accompanying a forbidden act. For an act to constitute a criminal offense, the act usually must be illegal and accompanied by a requisite mental state.Scienter: Previous knowledge of an operative state of fact. Knowingly or with guilty knowledge. Making false statements intentionally to deceive or with what is recognized as the legal equivalent to a deliberately fraudulent intent to deceive. Blacks Law Dictionary
Tort: Twisted Behavior
“n. from French for "wrong," a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm.”
http://dictionary.law.com/default2.asp?selected=2137&bold=||||
See Video on Twisted Behavior
Intentional Torts
Intentional torts against personsAssaultBatteryFalse imprisonmentDefamation of characterInvasion of the right to privacyIntentional infliction of emotional distressMalicious prosecution
Intentional torts against propertyTrespass to landTrespass to and conversion of personal property
Trespass
Business TortsEntering certain businesses and professions without a license(Conducting Business with a license)Intentional misrepresentation (fraud)Civil RICO – Racketeering Influenced and Corrupt Organization Act
Elements of Unintentional Torts (Negligence)
To be successful in a negligence lawsuit, the plaintiff must prove:the defendant owed a duty of care to the plaintiffthe defendant breached this duty of carethe plaintiff suffered injurythe defendant’s negligent act caused the plaintiff’s injury
Special Negligence DoctrinesNegligence per seRes ipsa loquiturDram shop actsSocial host liabilityGuest statutesGood Samaritan lawsFireman’s rule“Danger invites rescue” doctrineLiability of common carriers and innkeepersLiability of landowners
Defenses Against NegligenceAssumption of the riskContributory negligenceComparative negligenceSuperseding event
Crimes and Business
Classification of CrimesFelonies – Major offences punishable by jail time from one year - to life sentences. Crimes include arson, burglary, grand theft, murder, rape…
Misdemeanors – Minor offenses that are punishable by confinement up to one year, a fine or both. Misdemeanors include: public intoxication, speeding, vandalism.
Violations – Infractions. Generally in fines only. Examples include disturbing the peace, illegal g ...
This presentation is about chip and pin fraud. It explains how banks approach its customers when it comes to pin fraud. It gives also a little bit information about the law about this subject.
All product and company names mentioned herein are for identification and educational purposes only and are the property of, and may be trademarks of, their respective owners.
Ukash and Mobile Casinos: A Comprehensive GuideDroid Slots
Ukash is one of the safest ways to deposit money at online and mobile casinos. Simply go to a Ukash outlet and hand over your cash in exchange for vouchers that, depending on the outlet, range from £5 to £200.
Each voucher has a unique 19 digit code. Input your code in the banking section of mobile casinos, and your casino account will be credited with the value of your voucher, almost immediately.
The process ensures that you never need to reveal your banking details to any casino. Not even Ukash! So you can rest easy!
The Reserve Bank of India is set to approach the Centre to secure tax incentives for retail investments in sovereign securities under the Retail Direct Scheme (RDS), which places India within a select group of countries that have democratized government debt ownership.
Torts, Crimes and BusinessChapter 7 & 8Intent vs.docxedwardmarivel
Torts, Crimes and Business
Chapter 7 & 8
Intent vs. AccidentIntent: b. The state of mind with which an act is done. 2a: clearly formulated or planned intention.Accident: 1a: an event occurring by chance or arising from unknown cause. b. Lack of intention or necessity. c: an unexpected happening causing loss or injury which is not due to any fault or misconduct on the part of the person injured but from the consequences of which he may be entitled to some legal relief. Webster’s New Collegiate Dictionary
Intent DefinedMens rea: A guilty mind. The mental state accompanying a forbidden act. For an act to constitute a criminal offense, the act usually must be illegal and accompanied by a requisite mental state.Scienter: Previous knowledge of an operative state of fact. Knowingly or with guilty knowledge. Making false statements intentionally to deceive or with what is recognized as the legal equivalent to a deliberately fraudulent intent to deceive. Blacks Law Dictionary
Tort: Twisted Behavior
“n. from French for "wrong," a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm.”
http://dictionary.law.com/default2.asp?selected=2137&bold=||||
See Video on Twisted Behavior
Intentional Torts
Intentional torts against personsAssaultBatteryFalse imprisonmentDefamation of characterInvasion of the right to privacyIntentional infliction of emotional distressMalicious prosecution
Intentional torts against propertyTrespass to landTrespass to and conversion of personal property
Trespass
Business TortsEntering certain businesses and professions without a license(Conducting Business with a license)Intentional misrepresentation (fraud)Civil RICO – Racketeering Influenced and Corrupt Organization Act
Elements of Unintentional Torts (Negligence)
To be successful in a negligence lawsuit, the plaintiff must prove:the defendant owed a duty of care to the plaintiffthe defendant breached this duty of carethe plaintiff suffered injurythe defendant’s negligent act caused the plaintiff’s injury
Special Negligence DoctrinesNegligence per seRes ipsa loquiturDram shop actsSocial host liabilityGuest statutesGood Samaritan lawsFireman’s rule“Danger invites rescue” doctrineLiability of common carriers and innkeepersLiability of landowners
Defenses Against NegligenceAssumption of the riskContributory negligenceComparative negligenceSuperseding event
Crimes and Business
Classification of CrimesFelonies – Major offences punishable by jail time from one year - to life sentences. Crimes include arson, burglary, grand theft, murder, rape…
Misdemeanors – Minor offenses that are punishable by confinement up to one year, a fine or both. Misdemeanors include: public intoxication, speeding, vandalism.
Violations – Infractions. Generally in fines only. Examples include disturbing the peace, illegal g ...
This presentation is about chip and pin fraud. It explains how banks approach its customers when it comes to pin fraud. It gives also a little bit information about the law about this subject.
All product and company names mentioned herein are for identification and educational purposes only and are the property of, and may be trademarks of, their respective owners.
company names mentioned herein are for identification and educational purposes only and are the property of, and may be trademarks of, their respective owners.
AN OVERVIEW OF THE BANK FRAUD AND ITS DETECTION TECHNIQUES THROUGH DATA MININGijmnct
Using modern methods of the electronic commerce in daily life transactions is increasing because of the
growth and the comfortable access of the people to the internet and social networks. The electronic
payment systems are one of the most important electronic commerce methods and the electronic payment
fraud is a major problem.For example, the credit card fraud loss increases every year and is regarded as
one of the important issues in the credit card institutes and corporations. Therefore, fraud detection is
considered as an important research challenge. Fraud reduction is a complicated process requiring a body
of knowledge in many scientific fields. Based on the kind of the fraud the banks or the credit card institutes
face, different measures may be taken. This paper compares and analyzes the available recent findings on
the credit card fraud detection techniques. The objectives of the present study are first to detect different
credit card and electronic commerce fraud and then to investigate the strategies used for the purpose of
detection.
AN OVERVIEW OF THE BANK FRAUD AND ITS DETECTION TECHNIQUES THROUGH DATA MININGijmnct
Using modern methods of the electronic commerce in daily life transactions is increasing because of the growth and the comfortable access of the people to the internet and social networks. The electronic payment systems are one of the most important electronic commerce methods and the electronic payment fraud is a major problem.For example, the credit card fraud loss increases every year and is regarded as one of the important issues in the credit card institutes and corporations. Therefore, fraud detection is considered as an important research challenge. Fraud reduction is a complicated process requiring a body of knowledge in many scientific fields. Based on the kind of the fraud the banks or the credit card institutes face, different measures may be taken. This paper compares and analyzes the available recent findings on the credit card fraud detection techniques. The objectives of the present study are first to detect different credit card and electronic commerce fraud and then to investigate the strategies used for the purpose of detection.
company names mentioned herein are for identification and educational purposes only and are the property of, and may be trademarks of, their respective owners.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
1. Running head: LAW 1
Drax Technologies
Student’s Name
University Affiliation
2. LAW 2
2
Introduction
Mrs. Jones went to the bank to pick her Personal Identification Number (PIN) after
receiving her debit card. After this claim, she made an effort of memorizing the PIN without
writing it up or keep it in any way, and she maintained the secrecy of her PIN details. Mrs. Jone
used the card for six months without facing any issue until the card got lost in her house when she
was on holiday abroad. Upon realizing that her card is missing, she contacted her and the police,
and it was found out that the scoundrel had stolen from the card immediately by accessing the
Automated Teller Machine (ATM) on the first trial and thereafter. However, the bank did not agree
with the narration of Mrs. Jones about her claim about her card lost. Notably, the bank states that
the fact that the rogue might have made access to the ATM for the first time supports the point by
the institution that she might have given the PIN to someone, saved or unconcealed method of the
PIN with the card. Mrs. Jones wants to forward the issue to the Australia Banking Industry
Ombudsman (ABIO). This report tries to show how the matter will be dealt with and show the
party with the onus of resistant and with what repute.
Non-consumer liability
According to the Australian Banking Association (2014), the consumers are excluded from
a liability exclusively when the consumer and the bank that the loss has occurred due to the
following reasons;
i. The card has been forged, faulty, canceled or expired.
ii. The employees of the bank have been negligent or fraudulent
iii. Before the client received the card and Personal Identity Number which is the burden of
proof in the hands of the bank
iv. The clarity that the customer has not contributed to the losses
3. LAW 3
3
v. The losses resulted from incorrect debit of the same amount to the same transaction more
than once.
vi. The loss occurred after the customer has been informed about that her card got lost, missing
or stolen or breach of PIN details.
These exclusions apply to Mrs. Jones’ case that the owner of the account is not liable for
damages that result from unauthorized cash transactions when there was enough evidence that the
customer did not contribute to the losses that were incurred.
Customer liability
When the above-outlined conclusions do not apply, the EFT Coding, clause 5.5 (a) shows
the circumstances under which the client is liable for unauthorized ATM transactions where the
customer is deemed as a contributing factor to the loss (Benjamin, 2017). Clause 5.5 (a) stipulates
that “in case the financial institution of the account proves that the client participated in any case
for the losses that were incurred, then he or she should be held responsible for the damages
occurring prior to the bank be alerted that a machine used as an access has been illegally accessed
or breach of security of the codes used to access the system” (Electronic Funds Transfer Act,
2018). Thus, according to clause 5.6, Mrs. Jones is held accountable for all damages from
unauthorized ATM cash transactions if, “she voluntarily disclosed PIN to anyone, indicated the
PIN to the ATM card or liable to simultaneous stealing with the ATM personal card, kept
undisguised details of PIN with any object accepted with the ATM card or has been careless in
protecting the security of the PIN (Australian Securities and Investments Commission, 2015). In
the case of Mrs. Jones, the onus lies on the bank since all of the events have not happened with the
client. The customer is liable only if the actual losses occurred before the bank was notified, misuse
of the ATM, or beach of PIN security.
4. LAW 4
4
The provision of clause 5.5 (b) of the EFT Code is that, “where the bank proves that the
client has contributed to loss due to unauthorized cash transactions by the client postponing alerts
unreasonably after knowledge of loss, the client is liable for the losses that had occurred when
he/she became aware and not notify the bank” (Electronic Funds Transfer Act, 2018). Mrs. Jones
notified the bank immediately of the loss or theft, and thus, the liability of the damage occurs on
the bank and not the consumer.
Simultaneous loss of the ATM card and PIN
In Australia, the Coding of Banking Practice, under the necessities of the Australian EFT Code
states that the cardholder should not participate in the stealing or misplacement of the debit card
or the PIN (Electronic Funds Transfer Act, 2018). This matter weighs evidence according to the
following ABIO principle;
i. ATM card kept in the safe
When Mrs. Jones was going to the overseas holiday, she wished to put the card in a safe place in
her home. Though she had gone through a lot of trouble to keep the card in the safe, under the EFT
code clauses 5.5 and 5.6, it shows that she had kept her records of PIN with the debit card in the
same place, meaning that she is liable for the theft (Electronic Funds Transfer Act, 2018). In this
case, the bank is not responsible for the loss suffered by Mrs. Jones.
ii. ATM in the wallet and PIN in the safe
Mrs. Jones might have placed her undisguised details of the PIN in the impostor at her
residential and retained her ATM card in her file, which she usually carries with her. A question
that will arise from the Ombudsman is if her card was in her wallet and her PIN in the safe in her
house, then does the simultaneous theft as a result of the card and PIN or did Mrs. Jones leave her
5. LAW 5
5
wallet in her home too (Hunter, 2014). In this case, the Ombudsman can conclude that the portfolio
was in her apartment at the time of the theft and thus the liability does not lie on the simultaneous
loss of the PIN (ABIO, 2016). Accordingly, the bank could be ordered to bear full responsibility
for the damage.
Access of the ATM at first attempt
There is much confusion where the transaction at hand results from access of the correct
PIN on the first trial in an unauthorized ATM cash transaction. As per the revised Electronic Funds
Transfer Code states that, ABIO could comment that even though it is not convincing that Mrs.
Jones has resulted to the damage, it is an essential aspect in finding out whether an undisguised
record of PIN, might have been reserved with the ATM card and so the response of simultaneous
theft or loss lies on both (Reserve Bank of Australia, 2015). This ABIO’s resolution is not
grounded on the mere assignment of liability of proof but the strength of the amount of the
available information (ABIO, 2017). Since the bank said that Mrs. Jones was responsible for the
withdrawals as the correct PIN was applied at the first trial. The Ombudsman will determine the
weight of information to conclude that the cash withdrawals were not transacted by Mrs. Jones
because there was any evidence that the PIN was illegally accessed by an unauthorized person
with the ATM card simultaneously as the card was the only stolen thing. The most likely situation
is that the rogue had shouldered Mrs. Jones at the ATM and that she had not revealed the PIN
voluntarily or did not irrationally delay notice of the theft to the police and the bank. So,
Ombudsman will determine that Mrs. Jones did not make any contribution to the damages arising
from the unauthorized cash withdrawals, and thus, the financial institution should be liable.
6. LAW 6
6
Conclusion
Despite the revision of the EFT Code that seeks to burden all the proof to the bank in an
even of unauthorized ATM transaction, the problem will remain square in the hands of the client
due to the significant weight of the proof of the exact PIN at first trial clause. The latter is seconded
by the point that, nevertheless ABIO will determine that Mrs. Jones has not to get involved in the
ATM cash transaction as she was overseas, or did she authorized it and that the bank cannot justify
the fact that she contributed to balance of probability losses, she will still remain the suspect of
loss or theft (ABIO, 2018). However, there is a chance Mrs. Jones was shouldered during the six
months she used her card. Mrs. Jones will enjoy this benefit of the interpretation of ABIO of
clauses 5.5 and 5.6 of the EFT Code. Still, she will not be cleared the liability for the loss. Thus,
under EFT Codes' terms, the onus will probably rest in the hands of the bank. If the bank will not
establish a decisive mistake of the uncertain ATM cash transaction, or fail to debit client’s account
of the client with the disputed amount, it will not debit the account of the client with disputed ATM
transaction amount. Moreover, the provision of the EFT Code clause 10 states that, if the bank or
its staff does not discern liability apportionment and complaints as states by the EFT Code, it will
be responsible for the complete disputed sum of the ATM cash transaction in which the failures
resulted from unreasonable delay in resolution.
7. LAW 7
7
References
Australian Banking Industry Ombudsman Limited. (2016). Annual Report, 2015/2016, 26.
Australian Banking Industry Ombudsman Limited. (2017). Annual Report, 2016/2017, 28.
Australian Banking Industry Ombudsman Limited. (2018). Annual Report, 2017/2018, 23.
Australian Banking Association. (2014). EFT in Australia: Issues and Problems (2014) 4-5.
Australian Securities and Investments Commission. (2015). Report of Compliance with the EFT
Code of Conduct, 2015/2016 (2017) 6.
Benjamin, G. (2017). 'Consumer Protection in Electronic Funds Transfers' (Research Paper for the
Office of Consumer Affairs, Industry Canada, 21 March 2017) 115.
Electronic Funds Transfer Act. (2018). 15 USC § 1693 (1978) and Regulation E, § 205.6 (1981).
Hunter, A. (2014). Litigation: Evidence and Procedure, above n 43, 698-9, 716-23; and, see, J D
Heydon, Cross on Evidence (7th Australian ed, 2014); Butterworths, Concise Australian
Legal Dictionary, above n 43, 44, 60; and the Definitions provisions of the Evidence Act
1995 (Cth).
Reserved Bank of Australia. (2015). National Internet Banking – Product Disclosure Statement
Including Terms and Conditions (10/2015).