A banker refused to honor a customer’s cheque when he had sufficient funds to the credit of the customer. The customer filed a suit for damages against the banker whose defence was that the customer had not sustained any loss. Argue the case of the customer.

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Answer:

Here, the customer is entitled to damages from the banker, though he had not sustained any loss or damage.

 

According to the doctrine of ‘Injuria Sine Damnum’, if the legal right of a person is violated, though there is no loss or damage, it is actionable per se. It is sufficient to show the violation of a legal right, and special damage need not be proved.

 

In the given case, the customer’s legal right namely the honoring of his cheque is violated by the banker. Though the customer did not sustain any monetary loss or reputation, as his legal right is violated, he is entitled to claim damages from the banker-Marzetti vs. Williams – (Please Refer UJLS book).

Last Updated On January 30, 2018
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