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Commentary

44 Implied obligation of confidence of bankers

CONFIDENTIALITY vol 12(3)

44 Implied obligation of confidence of bankers

| Commentary

The duty of confidence a bank owes to a customer is a qualified duty of confidence that arises from an implied contractual term1. This duty is not restricted to banks; other organisations dealing with the financial affairs of customers are subject to the same obligations2.

The duty of confidence covers information about the account and relationship the customer has with the bank (including the provision of advice

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