INTRODUCTION
The so-called Quincecare duty refers to the duty of care owed by a bank to its customer to exercise reasonable skill and care in and about the execution of the customer’s payment instructions. After rather humble and uneventful beginnings, the Quincecare duty has recently begun to experience a period of renaissance, as the courts have seen a relative explosion in litigation surrounding it in recent years. This renaissance has undoubtedly been spurred on by the Singularis litigation, reportedly the first instance where a customer succeeded in a Quincecare claim since its inception. Given that the courts will continue to grapple with questions pertaining to the scope – or, even more fundamentally, the existence – of the duty, the time is ripe to subject the doctrine to a re-examination. The central thesis of this article is to reject the Quincecare duty’s existence as an independent concept …
€ (Westlaw)
Chua Rui Yuan, ‘The Quincecare duty: an unnecessary gloss?’ [2023] Journal of Business Law (3) 161-176.
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