The Legal Frame of the Right to Recover On Cheque Paid by Mistake - A Comparative Study
DOI:
https://doi.org/10.54172/ywj73779Keywords:
Restitution Claim , Cheques Paid by Mistake , Mistake of Fact , Mistake of LawAbstract
This research study addressed the legal framework for claiming the amount of a cheque that was paid in case of mistake. It aimed to clarify the mechanisms through which the bank can seek restitution from the beneficiary and demand the return of the financial amount received based on the cheque paid by mistake. The focus was on the trends in jurisprudence and judiciary regarding cases of mistake that allow the bank to claim the use of the amount of the cheque, as well as the necessary conditions for filing a recovery lawsuit through which the drawee bank reclaims the amount from the beneficiary who mistakenly received the amount of the cheque.
The researcher has adopted a critical comparative methodology in this investigation. Recovering a cheque that was paid by mistake was the main focus of the analysis.
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