Legislation
SECTION 4-402
Bank's Liability to Customer for Wrongful Dishonor
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 4, PART 4
Section 4--402. Bank's Liability to Customer for Wrongful Dishonor.
A payor bank is liable to its customer for damages proximately caused
by the wrongful dishonor of an item. When the dishonor occurs through
mistake liability is limited to actual damages proved. If so proximately
caused and proved damages may include damages for an arrest or
prosecution of the customer or other consequential damages. Whether any
consequential damages are proximately caused by the wrongful dishonor is
a question of fact to be determined in each case.
A payor bank is liable to its customer for damages proximately caused
by the wrongful dishonor of an item. When the dishonor occurs through
mistake liability is limited to actual damages proved. If so proximately
caused and proved damages may include damages for an arrest or
prosecution of the customer or other consequential damages. Whether any
consequential damages are proximately caused by the wrongful dishonor is
a question of fact to be determined in each case.