Ms J, a banker refuses to honour a cheque of Ms F despite sufficient balance. Ms F suffers no monetary loss. Which maxim applies?
Explanation & Strategy
Click any section to expand · only one open at a time
When a bank wrongfully refuses to honour a cheque despite sufficient funds, the customer's legal right (to have the cheque paid) is violated, even if no actual monetary loss results. This is the classic application of 'injuria sine damnum' — legal injury without damage. The landmark case is Ashby vs. White where a returning officer's refusal to record a vote was held actionable despite the candidate winning anyway. The violation of a legal right is itself sufficient to ground an action in tort.