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A bank’s duty of secrecy towards its customers and consequences in the case of breach

Mini Dissertation (LLM)--University of Pretoria, 2019.

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Other Authors: Brits, Reghard
Format: Thesis
Language:English
Published: University of Pretoria 2020
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access_status_str Open Access
author2 Brits, Reghard
author_browse Brits, Reghard
author_facet Brits, Reghard
collection Thesis
dc_rights_str_mv © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM)--University of Pretoria, 2019.
format Thesis
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:37:08.061Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2020
publishDateRange 2020
publishDateSort 2020
publisher University of Pretoria
publisherStr University of Pretoria
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source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/74096 A bank’s duty of secrecy towards its customers and consequences in the case of breach Brits, Reghard mailolakk@gmail.com Mailola, Katlego Kagisho UCTD Mini Dissertation (LLM)--University of Pretoria, 2019. This mini-dissertation concerns the obligation of banks in maintaining the affairs of its clients confidential and the consequences in case of breach of this duty. It is noteworthy to highlight that the relationship between the bank and its customer is based on a contract which is contested in nature and comprises of various legal duties and customs, including relevant banking practices and common law principles. The duty of secrecy or confidentiality of the bank towards its customers is arguably the essence of bank-customer relationship. Therefore, the bank owes its customer a duty of secrecy and the customer has a legitimate expectation towards the bank in ensuring that its affairs are kept confidential. There is a practical need for a bank to maintain secrecy regarding its customer and his affairs and thus the duty of secrecy may be justified by considerations of public policy. However, there are certain exceptions prescribed by the law when such duty of confidentiality does not apply. Besides these exceptions, there are also circumstances when a bank is requested to disclose certain information regarding its customer’s account to a third party. Mercantile Law LLM Unrestricted 2020-04-08T09:13:46Z 2020-04-08T09:13:46Z 2020 2019 Mini Dissertation Mailola, KK 2019, A bank’s duty of secrecy towards its customers and consequences in the case of breach, LLM Mini-dissertation, University of Pretoria, Pretoria, viewed yymmdd http://hdl.handle.net/2263/74096 A2021 http://hdl.handle.net/2263/74096 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
A bank’s duty of secrecy towards its customers and consequences in the case of breach
title A bank’s duty of secrecy towards its customers and consequences in the case of breach
title_full A bank’s duty of secrecy towards its customers and consequences in the case of breach
title_fullStr A bank’s duty of secrecy towards its customers and consequences in the case of breach
title_full_unstemmed A bank’s duty of secrecy towards its customers and consequences in the case of breach
title_short A bank’s duty of secrecy towards its customers and consequences in the case of breach
title_sort bank s duty of secrecy towards its customers and consequences in the case of breach
topic UCTD
url http://hdl.handle.net/2263/74096