336.4-103 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, clearinghouse rules, and the like have
the effect of agreements under subsection (a), 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 clearinghouse 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.
History: 1965 c 811 s 336.4-103; 1992 c 565 s 74