Section 4-A-205. Erroneous Payment Orders  


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  • (1)  If  an  accepted  payment  order  was  transmitted  pursuant to a
      security procedure for the detection of error and the payment order  (i)
      erroneously  instructed  payment  to  a  beneficiary not intended by the
      sender, (ii) erroneously instructed payment in an  amount  greater  than
      the  amount  intended  by  the  sender,  or  (iii)  was  an  erroneously
      transmitted duplicate of a payment order previously sent by the  sender,
      the following rules apply:
             (a) If  the  sender  proves that the sender or a person acting on
                 behalf of the sender pursuant  to  Section  4-A-206  complied
                 with  the  security  procedure  and that the error would have
                 been detected if the receiving bank had  also  complied,  the
                 sender  is  not obliged to pay the order to the extent stated
                 in paragraphs (b) and (c).
             (b) If the funds  transfer  is  completed  on  the  basis  of  an
                 erroneous  payment  order described in clause (i) or (iii) of
                 subsection (1), the sender is not obliged to  pay  the  order
                 and  the  receiving  bank  is  entitled  to  recover from the
                 beneficiary any amount paid to the beneficiary to the  extent
                 allowed by the law governing mistake and restitution.
             (c) If  the funds transfer is completed on the basis of a payment
                 order described in clause (ii) of subsection (1), the  sender
                 is  not  obliged  to  pay  the order to the extent the amount
                 received by  the  beneficiary  is  greater  than  the  amount
                 intended  by the sender.  In that case, the receiving bank is
                 entitled to recover from the beneficiary  the  excess  amount
                 received  to  the extent allowed by the law governing mistake
                 and restitution.
        (2) If (i) the sender of  an  erroneous  payment  order  described  in
      subsection  (1) is not obliged to pay all or part of the order, and (ii)
      the sender receives notification from the receiving bank that the  order
      was  accepted  by the bank or that the sender's account was debited with
      respect to the order, the sender has a duty to exercise  ordinary  care,
      on  the  basis  of  information available to the sender, to discover the
      error with respect to the order and to advise the bank of  the  relevant
      facts  within  a  reasonable  time, not exceeding ninety days, after the
      bank's notification was received by the sender. If the bank proves  that
      the sender failed to perform that duty, the sender is liable to the bank
      for the loss the bank proves it incurred as a result of the failure, but
      the  liability  of  the sender may not exceed the amount of the sender's
      order.
        (3) This section applies to amendments to payment orders to  the  same
      extent it applies to payment orders.