Facts
The case concerns a dispute between [M.] and Bank [Z.] regarding a payment of Fr. 90'000.-- made by the bank to a third party, [C.], based on a falsified power of attorney. [M.] had opened a savings account with Bank [Z.] and had received a payment of Fr. 100'000.-- into this account. [C.] presented a falsified power of attorney to withdraw the Fr. 90'000.--, which the bank paid without sufficiently verifying the authenticity of the power of attorney.
The court ruled that the bank was liable for the payment, but that [M.] had also contributed to the loss by leaving his personal documents and bank details accessible to third parties. The court therefore reduced M.'s claim to Fr. 10'000.--.
[M.] appealed this decision, requesting full payment of the Fr. 90'000.--. The Federal Court examined the case and concluded that the bank had committed a fault by paying the amount without sufficiently verifying the power of attorney, but that [M.] had also committed a fault by leaving his personal documents and bank details accessible to third parties.
Considerations
The Federal Court examined the bank's liability for the payment made based on the falsified power of attorney. It considered that the bank had committed a fault by paying the amount without sufficiently verifying the power of attorney, in particular by not verifying the authenticity of the signature and by not asking questions about the power of attorney.
The Federal Court also…