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Question 161

The sender's liability for warranties and indemnities that a Reserve Bank makes for a substitute check is subject to the following conditions and limitations

EXCEPT:

    Correct Answer: C

    The sender's liability for warranties and indemnities that a Reserve Bank makes for a substitute check is governed by specific conditions and limitations. One of these limitations is that the sender must indeed have the authority to make the required warranties and agreements; hence, the sender's failure to have this authority does not exempt them from liability. Therefore, the exception would not include the failure of the sender to have authority to make the required warranties and agreements. The correct answer is that the sender's lack of authority to make required warranties and agreements does not limit their liability, making this the correct 'except' condition.

Discussion
Dex24

C and D per page 613.

Cam22Option: D

The correct answer is D. A sender of an electronic item that is not substitute check is not liable for any amount paid by a Reserve Bank that is attributable to the Reserve Bank's own lack of good faith or failure to exercise ordinary care. This statement outlines the principle that liability for losses or errors in the processing of electronic items does not fall on the sender if the loss or error results from the Reserve Bank's failure to act in good faith or to exercise the level of care that is ordinarily required under the circumstances. This provision is designed to allocate responsibility appropriately and ensure that the parties involved in the transaction process adhere to standards of care and good faith.