70A-4a-205 - Erroneous payment orders.
70A-4a-205. Erroneous payment orders.
(1) The rules listed in Subsections (2) through (5) apply if an accepted payment orderwas transmitted pursuant to a security procedure for the detection of error and payment order:
(a) erroneously instructed payment to a beneficiary not intended by the sender;
(b) erroneously instructed payment in an amount greater than the amount intended by thesender; or
(c) is an erroneously transmitted duplicate of a payment order previously sent by thesender.
(2) If the sender proves that the sender or a person acting on behalf of the sender pursuantto Section 70A-4a-206 complied with the security procedure and that the error would have beendetected if the receiving bank had also complied, the sender is not obliged to pay the order to theextent stated in Subsections (3) and (4).
(3) If the funds transfer is completed on the basis of an erroneous payment orderdescribed in Subsection (1)(a) or (c), the sender is not obliged to pay the order and the receivingbank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extentallowed by the law governing mistake and restitution.
(4) If the funds transfer is completed on the basis of a payment order described inSubsection (1)(b), the sender is not obliged to pay the order to the extent the amount received bythe beneficiary is greater than the amount intended by the sender. In that case, the receiving bankis entitled to recover from the beneficiary the excess amount received to the extent allowed by thelaw governing mistake and restitution.
(5) This subsection applies if the sender of an erroneous payment order described inSubsection (1) is not obliged to pay all or part of the order, and the sender receives notificationfrom the receiving bank that the order was accepted by the bank or that the sender's account wasdebited with respect to the order. The sender has a duty to exercise ordinary care, on the basis ofinformation available to the sender, to discover the error with respect to the order and to advisethe bank of the relevant facts within a reasonable time not exceeding 90 days after the bank'snotification was received by the sender. If the bank proves that the sender failed to perform thatduty, the sender is obliged to reimburse the bank for the loss the bank proves it incurred as aresult of the failure, but the liability of the sender may not exceed the amount of the sender'sorder.
(6) This section applies to amendments to payment orders to the same extent it applies topayment orders.
Amended by Chapter 237, 1993 General Session