Unconscionable transactions in banking: a critical study on the law relating to bank and customer relationship in Uganda
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Date
2018-10
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Publisher
Kampala International University
Abstract
Unconscionable transaction in banking is a contract induced by undue influence where the relationship subsisting between the parties to a contract is such that one of the parties is in a position to dominate the will of the other party and use that position to obtain an unfair advantage over another party, and that comes about in situations where one of the parties to the contract, holds a real or apparent authority, stands in a fiduciary relationship over another party. This study has critically analyzed unconscionable transactions in banking and how it affects bank and customer relationship in Uganda’s banking sector, it has examined the effectiveness of the legal regime and the laws relating to bank customer relationship, as while as the challenges and effects. It’s evident that unconscionable transactions in its various forms on the part of customers and the banks, is a big challenge affecting the health of the banking sector in Uganda. This is because unconscionable transactions in banking and the law relating to bank customer relationship is not specifically provided for in the statutes, especially in the Contract Act, 2010, and the Financial Institutions Act of 2004 which was amended by the Financial Institutions Amendment Act 2016 thus creating an ambiguity on the laws governing it. The research methodology adopted in this research work is doctrinal which has collected both primary and secondary data. And also both qualitative and quantitative approaches have been used, which helped the researcher to collect and present systematic data. Thus the researcher has suggested, and made recommendations, that there is need for legislating bank and customer relationship, necessary/ better legal reforms be put in place and institutional frameworks of the banking sector.
Description
A research thesis submitted to the school of law in partial fulfillment of the requirement for the a ward of a Master’s Degree in Commercial Law of Kampala International University
Keywords
Banking law, Commercial Law, Uganda, Law of Contract, Customer Care, Banking Transactions