A banker refuses to honor a customer’s cheque despite sufficient funds in the customer’s account. The customer sues the banker for damages. The banker argues that the customer did not suffer any loss. Present the customer’s case.
TheSayeed Answered question March 15, 2024
Facts of the Case:
- The customer presents a cheque to the banker for payment.
- Despite having adequate funds in the customer’s account, the banker refuses to honor the cheque.
- The customer initiates legal action against the banker to claim damages for this refusal.
Issue in the Case:
- Whether the customer can claim damages from the banker despite not incurring any financial loss.
Principle:
- The doctrine of ‘Injuria Sine Damno’ states that if a person’s legal right is violated, even without any actual loss or damage, it is actionable.
Argument for the Customer:
- The customer’s legal right to have his cheque honored by the banker has been violated.
- Despite having sufficient funds, the banker unlawfully refused to honor the cheque.
- This refusal constitutes a breach of the customer’s legal right, irrespective of whether actual financial loss occurred.
- As per the principle of ‘Injuria Sine Damno’, the violation of a legal right is sufficient grounds for legal action, even without tangible loss.
- Therefore, the customer is entitled to claim damages from the banker for the wrongful refusal to honor the cheque.
Reference Case:
- Marzetti vs. Williams – This case supports the principle that the violation of a legal right, even without consequential damage, is actionable.
In conclusion, the customer can argue that the banker’s refusal to honor the cheque, despite having sufficient funds, constitutes a violation of his legal right, entitling him to claim damages under the doctrine of ‘Injuria Sine Damno’.
TheSayeed Answered question March 15, 2024