Massachusetts General Laws
Article 4 - Bank Deposits and Collections
Section 4-103 - Variation by Agreement; Measure of Damages; Action Constituting Ordinary Care

Section 4–103. (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.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XV - Regulation of Trade

Chapter 106 - Uniform Commercial Code

Article 4 - Bank Deposits and Collections

Section 4-301 - Deferred Posting; Recovery of Payment by Return of Items; Time of Dishonor; Return of Items by Payor Bank

Section 4-213 - Medium and Time of Settlement by Bank

Section 4-214 - Right of Charge–back or Refund; Liability of Collecting Bank; Return of Item

Section 4-211 - When Bank Gives Value for Purposes of Holder in Due Course

Section 4-215 - Final Payment of Item by Payor Bank; When Provisional Debits and Credits Become Final; When Certain Credits Become Available for Withdrawal

Section 4-216 - Insolvency and Preference

Section 4-212 - Presentment by Notice of Item Not Payable By, Through, or at Bank; Liability of Drawer or Indorser

Section 4-302 - Payor Bank's Responsibility for Late Return of Item

Section 4-407 - Payor Bank's Right to Subrogation on Improper Payment

Section 4-401 - When Bank May Charge Customer's Account

Section 4-402 - Bank's Liability to Customer for Wrongful Dishonor; Time of Determining Insufficiency of Account

Section 4-404 - Bank Not Obliged to Pay Check More Than Six Months Old

Section 4-405 - Death or Incompetence of Customer

Section 4-406 - Customer's Duty to Discover and Report Unauthorized Signature or Alteration

Section 4-501 - Handling of Documentary Drafts; Duty to Send for Presentment and to Notify Customer of Dishonor

Section 4-210 - Security Interest of Collecting Bank in Items, Accompanying Documents and Proceeds

Section 4-502 - Presentment of ''on Arrival'' Drafts

Section 4-303 - When Items Subject to Notice, Stop-Payment Order, Legal Process, or Setoff; Order in Which Items May Be Charged or Certified

Section 4-209 - Encoding and Retention Warranties

Section 4-104 - Definitions and Index of Definitions

Section 4-207 - Transfer Warranties

Section 4-503 - Responsibility of Presenting Bank for Documents and Goods; Report of Reasons for Dishonor; Referee in Case of Need

Section 4-101 - Short Title

Section 4-102 - Applicability

Section 4-103 - Variation by Agreement; Measure of Damages; Action Constituting Ordinary Care

Section 4-105 - Bank; Depositary Bank; Payor Bank; Intermediary Bank; Collecting Bank; Presenting Bank

Section 4-106 - Payable Through or Payable at Bank; Collecting Bank

Section 4-107 - Separate Office of Bank

Section 4-108 - Time of Receipt of Items

Section 4-109 - Delays

Section 4-110 - Electronic Presentment

Section 4-111 - Statute of Limitations

Section 4-201 - Status of Collecting Bank as Agent and Provisional Status of Credits; Applicability of Article; Item Indorsed Pay Any Bank

Section 4-202 - Responsibility for Collection or Return; When Action Timely

Section 4-203 - Effect of Instructions

Section 4-204 - Methods of Sending and Presenting; Sending Direct to Payor Bank

Section 4-205 - Depositary Bank Holder of Unindorsed Item

Section 4-206 - Transfer Between Banks

Section 4-208 - Presentment Warranties

Section 4-504 - Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses

Section 4-403 - Customer's Right to Stop Payment; Burden of Proof of Loss