Question

In Tournier v National Provincial and Union Bank of England [1924] 1 K.B.; facts of law does the case establish?

Answer 1

Tournier v National Provincial and Union Bank of England establishes facts with regards to banker’s duty of confidentiality to the customer. The case establishes the fact that banker’s duty of confidentiality is not an absolute duty even while it is an implied term of the contract between the customers and the banks. The case’s outcome establishes that, in the below mentioned areas, a bank can legally disclose information about its customers:

1. Where law compels the bank to disclose the information
2. Where the bank has a public duty to disclose the information
3. Where disclosure is required keeping in mind the own interest of the bank
4. Where the customer himself has agreed to the disclosure