Article

Factual Summary:

The beneficiary of a letter of credit entered into an agreement with the negotiating bank to negotiate certain documents under the LC. The agreement between the parties provided that if the negotiating bank was not paid then it could have recourse to the defendant. When the documents were not honored by the issuer, the negotiating bank brought an action against the beneficiary for recourse after it refused to return the funds.


Legal Analysis:

1. Negotiation: Recourse:The court ruled that as provided for in the parties' agreement, the negotiating bank was entitled to recourse. It found the testimony of the beneficiary "totally unworthy of belief" and "contrary to the probabilities and the contemporaneous events".

2. Duty Not to Impair Security:The court acknowledged that there is a "general duty on a person holding a security for payment of a debt to protect that security." This duty exists where there is "some form of property to which the creditor is entitled to have recourse for the payment of the debt if the debtor defaults so that one could describe the debt as se cured." The court observed however that this proposition does not apply to a document such as a bill of exchange.

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The views expressed in this Case Summary are those of the Institute of International Banking Law and Practice and not necessarily those of ICC or the other partners in DC-PRO.