Legislator Case Law & Legislation
KKO 1448/2004 AI generated

Supreme Court dismisses bank's liability claim for funds stolen by its own employee from a customer.

Case Number KKO 1448/2004
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Finland dismissed the bank's claim for damages regarding funds misappropriated by its employee from a customer. The bank argued that the employee's actions constituted a breach of duty, while the customer contended the funds were never transferred to the bank. The court ruled that the bank had fulfilled its obligations and the loss resulted from the employee's personal criminal act, not a failure of the bank's duties.

Legislator headnote

AI generated

Section 2 of the Act on the Liability of Banks for Damages; A bank is not liable for losses caused by its employees' criminal acts if the bank fulfilled its statutory duties of care and supervision.

Keywords

AI generated
bank liability employee misconduct criminal act duty of care misappropriation of funds supreme court damages claim

Cited Legislation

AI generated
Section 2 of the Act on the Liability of Banks for Damages
AI generated

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Full text

Kysymys pankin korvausvastuusta sen toimihenkilön pankin asiakkaalta kavaltamien varojen osalta.