Section 4-A-305. Liability for Late or Improper Execution or Failure to Execute Payment Order


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  • (1) If a funds transfer is completed but execution of a payment  order
      by  the  receiving bank in breach of Section 4-A-302 results in delay in
      payment to the beneficiary, the bank  is  obliged  to  pay  interest  to
      either  the  originator or the beneficiary of the funds transfer for the
      period of delay caused by the improper execution. Except as provided  in
      subsection (3), additional damages are not recoverable.
        (2)  If  execution of a payment order by a receiving bank in breach of
      Section 4-A-302 results in (i) noncompletion of the funds transfer, (ii)
      failure to use an intermediary bank designated  by  the  originator,  or
      (iii) issuance of a payment order that does not comply with the terms of
      the  payment  order  of  the  originator,  the  bank  is  liable  to the
      originator for its expenses in the funds  transfer  and  for  incidental
      expenses  and  interest  losses, to the extent not covered by subsection
      (1), resulting from  the  improper  execution.  Except  as  provided  in
      subsection (3), additional damages are not recoverable.
        (3)  In addition to the amounts payable under subsections (1) and (2),
      damages, including consequential damages, are recoverable to the  extent
      provided in an express written agreement of the receiving bank.
        (4)  If  a  receiving  bank  fails  to  execute a payment order it was
      obliged by express agreement to execute, the receiving bank is liable to
      the sender for its  expenses  in  the  transaction  and  for  incidental
      expenses  and  interest  losses  resulting  from the failure to execute.
      Additional damages, including consequential damages, are recoverable  to
      the  extent  provided  in  an express written agreement of the receiving
      bank, but are not otherwise recoverable.
        (5)  Reasonable  attorney's  fees  are  recoverable  if   demand   for
      compensation  under  subsection (1) or (2) is made and refused before an
      action is brought on the claim. If a claim is  made  for  breach  of  an
      agreement  under  subsection  (4) and the agreement does not provide for
      damages, reasonable  attorney's  fees  are  recoverable  if  demand  for
      compensation  under  subsection (4) is made and refused before an action
      is brought on the claim.
        (6) Except as stated in this section, the  liability  of  a  receiving
      bank under subsections (1) and (2) may not be varied by agreement.