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to it.  When it opened its account with Wealthy Bank it agreed to be bound by Wealthy Bank’s terms and conditions as notified to it from time to time.  Six months after the account is opened a bank statement is sent to the company together with the following letter:幸运有限公司是富丽银行的客户。这是一个非常大的公司，员工超过100人，因此银行营运守则并不适用于它。当它打开了它的帐户富丽银行，已同意以富丽银行的条款及从时间通知到时间条件的约束。在开户后六个月银行语句被发送到该公司具有以下共同的信：

PLEASE READ THIS LETTER IT CONTAINS EXCITING NEW INFORMATION ABOUT YOUR ACCOUNT

Dear Customer (‘you’),

Wealthy Bank (‘us’) is always trying to find new ways to service you.  

To enable us to do this, however, we have decided to introduce a new term of the contract between you and us.  This is to enable us to reduce costs in one area so we can provide you with exciting new services. The new clause 12 of the contract between you and us is as follows: 

The customer (‘you’) must read each bank statement sent to you.  If there are any inconsistencies in the statement you must notify the bank of the inconsistencies within 10 business days. Failure to notify us of such inconsistencies means the amount of the balance contained in the incorrect statement represents what you owe us or what we owe you, as the case may be.

The managing director of Lucky Ltd receives the bank statement and letter.  She doesn’t read the bank statement.  She starts to read the letter but throws it in the bin after she reads the first sentence thinking the bank is trying to sell new products to the company.

The bank statement shows that between the 1 February and 1 April $1 million has been fraudulently withdrawn from the company’s bank account.  Lucky Ltd does not notify the bank of the fraudulent withdrawal within 10 business days of receiving the statement. It is later discovered by the bank that an employee of Lucky Ltd called Mary had fraudulently withdrawn the $1 million. 

Two months later on 1 June the managing director becomes aware that on 15 May, Fred the company’s accounts clerk, had fraudulently stolen $2,000 from the company’s bank account at Wealthy Bank by forging company cheques. Fred’s wife had just died and the managing director does not tell the bank about the forgeries. On 30 July, Fred steals a further $1,000 from the company account in the same manner.  

After discovering on 30 July what Fred has done, the managing director comes to you and asks you to advise Lucky Ltd whether Wealthy Bank is entitled to debit the company’s account for the $1million stolen by Mary and the $3,000 stolen by Fred. Advise Lucky Ltd. 

[10 marks]

Total marks: 20 marks
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