Section 4A–305. (a) If a funds transfer is completed but execution of a payment order by the receiving bank in breach of section 4A–302 results in delay in payment to the beneficiary, the bank is obliged to pay interest to either the originator or the beneficiary of the funds transfer for the period of delay caused by the improper execution. Except as provided in subsection (c), additional damages are not recoverable.
(b) If execution of a payment order by a receiving bank in breach of section 4A–302 results in (i) noncompletion of the funds transfer, (ii) failure to use an intermediary bank designated by the originator, or (iii) issuance of a payment order that does not comply with the terms of the payment order of the originator, the bank is liable to the originator for its expenses in the funds transfer and for incidental expenses and interest losses, to the extent not covered by subsection (a), resulting from the improper execution. Except as provided in subsection (c), additional damages are not recoverable.
(c) In addition to the amounts payable under subsections (a) and (b), damages, including consequential damages, are recoverable to the extent provided in an express written agreement of the receiving bank.
(d) If a receiving bank fails to execute a payment order it was obliged by express agreement to execute, the receiving bank is liable to the sender for its expenses in the transaction and for incidental expenses and interest losses resulting from the failure to execute. Additional damages, including consequential damages, are recoverable to the extent provided in an express written agreement of the receiving bank, but are not otherwise recoverable.
(e) Reasonable attorneys' fees are recoverable if demand for compensation under subsection (a) or (b) is made and refused before an action is brought on the claim. If a claim is made for breach of an agreement under subsection (d) and the agreement does not provide for damages, reasonable attorneys' fees are recoverable if demand for compensation under subsection (d) is made and refused before an action is brought on the claim.
(f) Except as stated in this section, the liability of a receiving bank under subsections (a) and (b) may not be varied by agreement.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 106 - Uniform Commercial Code
Section 4a-103 - Payment Order — Definitions
Section 4a-304 - Duty of Sender to Report Erroneously Executed Payment Order
Section 4a-305 - Liability for Late or Improper Execution or Failure to Execute Payment Order
Section 4a-402 - Obligation of Sender to Pay Receiving Bank
Section 4a-403 - Payment by Sender to Receiving Bank
Section 4a-404 - Obligation of Beneficiary's Bank to Pay and Give Notice to Beneficiary
Section 4a-405 - Payment by Beneficiary's Bank to Beneficiary
Section 4a-303 - Erroneous Execution of Payment Order
Section 4a-406 - Payment by Originator to Beneficiary; Discharge of Underlying Obligation
Section 4a-502 - Creditor Process Served on Receiving Bank; Setoff by Beneficiary's Bank
Section 4a-503 - Injunction or Restraining Order With Respect to Funds Transfer
Section 4a-505 - Preclusion of Objection to Debit of Customer's Account
Section 4a-506 - Rate of Interest
Section 4a-507 - Choice of Law
Section 4a-102 - Subject Matter
Section 4a-501 - Variation by Agreement and Effect of Funds Transfer System Rule
Section 4a-302 - Obligations of Receiving Bank in Execution of Payment Order
Section 4a-104 - Funds Transfer — Definitions
Section 4a-212 - Liability and Duty of Receiving Bank Regarding Unaccepted Payment Order
Section 4a-301 - Execution and Execution Date
Section 4a-105 - Other Definitions
Section 4a-106 - Time Payment Order Is Received
Section 4a-107 - Federal Reserve Regulations and Operating Circulars
Section 4a-201 - Security Procedure
Section 4a-202 - Authorized and Verified Payment Orders
Section 4a-203 - Unenforceability of Certain Verified Payment Orders
Section 4a-108 - Relationship to Electronic Fund Transfer Act
Section 4a-205 - Erroneous Payment Orders
Section 4a-206 - Transmission of Payment Order Through Funds Transfer or Other Communication System
Section 4a-207 - Misdescription of Beneficiary
Section 4a-208 - Misdescription of Intermediary Bank or Beneficiary's Bank
Section 4a-209 - Acceptance of Payment Order
Section 4a-210 - Rejection of Payment Order
Section 4a-211 - Cancellation and Amendment of Payment Order