Browsing by Author "Mulingoki, Benjamin"

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    Non discloser of customer’s details by banks the legal frame work On the Doctrine Of non -disclosure of clients' details as regard to the law of Banking,
    (KAmpala International University, School of Law, 2019-06) Mulingoki, Benjamin
    One of the cardinal duties of the banker to the customer is the doctrine of non --disclosure, being that fiduciary trust bestowed on the banker that he or she will not divulge any details such as accounts. data. profile and any transactions between him and the customer. it's a contractual agreement where the banker will not disclose anything concerning the customer without his consent nor will such information be passed on to the third party without prior consent ti·mn him or her. 1 The doctrine emphasizes the right to privacy which is embedded in our constitutiml, and also under common law. The banker will be held liable where he chooses deliberately in exclusion of the exceptions enumerated in Tournier's Principles 3to disclose the customer's details. It's pertinent to note, that a series of law suits are eminent to the banker where such a banker breaches the above principle. On assessment of liability, adverse consequences result as to breach of confidentiality and a successful plaintiff may be entitled to compensations, damages where possible to reinstate him Ji·om that cause of action. So what is this doctrine of non-disclosure and where did it originate li·om?