§ 26-1-4-103 — Variation by agreement; measure of damages; action constituting ordinary care

(a) The effect of the provisions of IC 26-1-4
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), whether or not specifically assented to by all parties
interested in items handled.
(c) Action or nonaction approved by IC 26-1-4 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 IC 26-1-4 is prima facie the
exercise of ordinary care.
(d) The specification or approval of certain procedures by IC 26-1-4
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.
Formerly: Acts 1963, c.317, s.4-103. As amended by
P.L.152-1986, SEC.208; P.L.222-1993, SEC.8.