A legal analysis of bank duties and liabilities in relation to customer protection in Uganda
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Date
2015-12
Authors
Journal Title
Journal ISSN
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Publisher
Kampala International University.College of Law
Abstract
The thesis "Legal Analysis of Bank Duties Liabilities in Relation to Customer
Protection in Uganda" is motivated by the background of the study to pertinently
contribute remedies that can securely address the banking sector challenges in
meeting duties and obligations to protect customers. It should be noted that
while there is a law in place to govern bank duties and obligations to customers,
in total this law has not been successfully drawn and implemented. The study
examines the efficacy of the legal and institutional frameworks of banks in
protecting customers. This is in order to establish why in the presence
laws and policies the bank-customer relationship remains highly challenged.
Reflecting on this setting, efficiency of the banking law in Uganda is examined
particularly, in the execution of fiduciary duty in loan management. The purpose
of the study is to find out the gaps in the existing legislation in the bankcustomer protection relationship and to suggest possible interventions in meeting
equity, Circumstances leading to breach of fiduciary duties were identified as
failure to protect a trust, secret commissions and bribes, misleading advice,
undue influences, conflict of duties and interest, lack of trust by bank customers
among others and the Thesis provides recommendations. The study concludes
that fiduciary issues are determined purposely to bring equity1 t
increasingly recognize bank failure in fiduciary duties owing to conflict of interest
hence non performing loans. Legislative measures have to work hand in hand
with customer consent.
Description
Thesis presented to the College of Higher Degrees and Research Kampala International University Kampala, Uganda in partial fulfillment of the requirements for the Degree of Master of Laws in Commercial Law
Keywords
Legal, Bank, Duties, Liabilities, Customer, Protection