C.R.S. Section 4-4-103
Variation by agreement

  • measure of damages
  • action constituting ordinary care

(a)

The effect of the provisions of this article may be varied by agreement, but the parties to the agreement cannot disclaim a bank’s responsibility for its lack of good faith or failure to exercise ordinary care or limit the measure of damages for the lack or failure. However, the parties may determine by agreement the standards by which the bank’s responsibility is to be measured if those standards are not manifestly unreasonable.

(b)

Federal reserve regulations and operating circulars, clearing-house rules, and the like have the effect of agreements under subsection (a) of this section, whether or not specifically assented to by all parties interested in items handled.

(c)

Action or nonaction approved by this article or pursuant to federal reserve regulations or operating circulars is the exercise of ordinary care and, in the absence of special instructions, action or nonaction consistent with clearing-house rules and the like or with a general banking usage not disapproved by this article, is prima facie the exercise of ordinary care.

(d)

The specification or approval of certain procedures by this article is not disapproval of other procedures that may be reasonable under the circumstances.

(e)

The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount that could not have been realized by the exercise of ordinary care. If there is also bad faith it includes any other damages the party suffered as a proximate consequence.

Source: Section 4-4-103 — Variation by agreement - measure of damages - action constituting ordinary care, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-04.­pdf (accessed Oct. 20, 2023).

4‑4‑101
Short title 4‑4‑102
Applicability 4‑4‑103
Variation by agreement - measure of damages - action constituting ordinary care 4‑4‑104
Definitions and index of definitions 4‑4‑105
“Bank” - “depositary bank” - “intermediary bank” - “collecting bank” - “payor bank” - “presenting bank” 4‑4‑106
Payable through or payable at bank - collecting bank 4‑4‑107
Separate office of bank 4‑4‑108
Time of receipt of items 4‑4‑109
Delays 4‑4‑110
Electronic presentment 4‑4‑111
Statute of limitations 4‑4‑201
Status of collecting banks as agent and provisional status of credits - applicability of article - item indorsed “pay any bank” 4‑4‑202
Responsibility for collection or return - when action timely 4‑4‑203
Effect of instructions 4‑4‑204
Methods of sending and presenting - sending directly to payor bank 4‑4‑205
Depositary bank holder of unindorsed item 4‑4‑206
Transfer between banks 4‑4‑207
Transfer warranties 4‑4‑208
Presentment warranties 4‑4‑209
Encoding and retention warranties 4‑4‑210
Security interest of collecting bank in items, accompanying documents, and proceeds 4‑4‑211
When bank gives value for purposes of holder in due course 4‑4‑212
Presentment by notice of item not payable by, through, or at a bank - liability of drawer or indorser 4‑4‑213
Medium and time of settlement by bank 4‑4‑214
Right of charge-back or refund - liability of collecting bank - return of item 4‑4‑215
Final payment of item by payor bank - when provisional debits and credits become final - when certain credits become available for withdrawal 4‑4‑216
Insolvency and preference 4‑4‑301
Deferred posting - recovery of payment by return of items - time of dishonor - return of items by payor bank 4‑4‑302
Payor bank’s responsibility for late return of item 4‑4‑303
When items subject to notice, stop-payment order, legal process, or setoff - order in which items may be charged or certified 4‑4‑401
When bank may charge customer’s account 4‑4‑402
Bank’s liability to customer for wrongful dishonor - time of determining insufficiency of account 4‑4‑403
Customer’s right to stop payment - burden of proof of loss 4‑4‑404
Bank not obligated to pay check more than six months old 4‑4‑405
Death or incompetence of customer 4‑4‑406
Customer’s duty to discover and report unauthorized signature or alteration 4‑4‑407
Payor bank’s right to subrogation on improper payment 4‑4‑501
Handling of documentary drafts - duty to send for presentment and to notify customer of dishonor 4‑4‑502
Presentment of “on arrival” drafts 4‑4‑503
Responsibility of presenting bank for documents and goods - report of reason for dishonor - referee in case of need 4‑4‑504
Privilege of presenting bank to deal with goods - security interest for expenses
Green check means up to date. Up to date

Current through Fall 2024

§ 4-4-103’s source at colorado​.gov