QUESTION 1 DISMISSAL
If the employee wants to claim damages for wrongful dismissal the employee must prove that he was engaged on a fixed term, and that he was dismissed before the expiry of the term. Besides that, the contract stipulates a period of notice, and that the dismissal was without such notice. Furthermore, the notice given was less than that required by the Era 1996 and the dismissal was without just cause.
QUESTION 3 THE RELATIONSHIP BETWEEN BANK AND CUSTOMER
The relationship is a simple contractual relationship of debtor and creditor with an added obligation of honouring the customer’s cheques to extent of his credit or agreed overdraft.
The duties of the customer are to indemnify the bank against authorized payments made on his behalf and take reasonable care when drawing cheques to prevent alteration of the amount. According to the London Joint Stock Bank v Macmillan, the duties of the customer is to exercise reasonable care when drawing cheques so that not to mislead his banker or to facilitate fraud and forgery.
Besides that, the duty of the customer is to inform bank of any forgeries of which he is aware. According to the Greenwood v Martin’s bank, where a wife had been forging her husband’s signature. Her husband was aware that this had been happening but failed to inform his bank. He brought an action against the bank for wrongly debiting his account. The court held that he cannot claim for money as he had deprived<delete> the bank of right of action against the forger.
The duty of the banker is to take reasonable care in conduct of the customer’s business and honour cheques. When the bank wrongly refuses to honour a cheque, if the customer is trader they may claim for substantial damages without proof of loss. If the customer is not a trader, they can only claim for nominal damages unless the actual loss is proved. See to the Rae v Yorkshire’s bank 1988. The main instances when the duty ends are countermand of payment, the...