§ 6A-3-418. Payment or acceptance by mistake.
(a) Except as provided in subsection (c), if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that (i) payment of the draft had not been stopped pursuant to § 6A-4-403 or (ii) the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.
(b) Except as provided in subsection (c), if an instrument has been paid or accepted by mistake and the case is not covered by subsection (a), the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, (i) recover the payment from the person to whom or for whose benefit payment was made or (ii) in the case of acceptance, may revoke the acceptance.
(c) The remedies provided by subsection (a) or (b) may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by § 6A-3-417 or 6A-4-407.
(d) Notwithstanding § 6A-4-215, if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under subsection (a) or (b), the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.
History of Section.P.L. 2000, ch. 238, § 3; P.L. 2000, ch. 421, § 3.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Chapter 6A-3 - Negotiable Instruments
Section 6A-3-401. - Signature.
Section 6A-3-402. - Signature by representative.
Section 6A-3-403. - Unauthorized signature.
Section 6A-3-404. - Impostors — Fictitious payees.
Section 6A-3-405. - Employer’s responsibility for fraudulent indorsement by employee.
Section 6A-3-406. - Negligence contributing to forged signature or alteration of instrument.
Section 6A-3-407. - Alteration.
Section 6A-3-408. - Drawee not liable on unaccepted draft.
Section 6A-3-409. - Acceptance of draft — Certified check.
Section 6A-3-410. - Acceptance varying draft.
Section 6A-3-411. - Refusal to pay cashier’s checks, teller’s checks, and certified checks.
Section 6A-3-412. - Obligation of issuer of note or cashier’s check.
Section 6A-3-413. - Obligation of acceptor.
Section 6A-3-414. - Obligation of drawer.
Section 6A-3-415. - Obligation of indorser.
Section 6A-3-416. - Transfer warranties.
Section 6A-3-417. - Presentment warranties.
Section 6A-3-418. - Payment or acceptance by mistake.