Reference no: EM132200290

Question - Marlon Cloney has an account with the National Bank of Moville (NBM). On July 9, 2018, he asked for his balance and was advised that his account had a credit balance of US$50,000. Relying on this balance, he issued a cheque on the same day to K. Inc for US$47,000 as payment for the purchase of prime property in Moneyla, the capital of Moville. When the cheque was presented for payment on July 10, 2018, NBM dishonoured it since the credit balance in Marlons account was only US45,000. The difference in the account's balance was due to a credit of US$5,000 being entered twice in error. The purchase has therefore fallen through and Marlon is aggrieved. Marlon further investigated the matter and discovered that NBM had also honoured a cheque in the sum of US$10,000 in December 2017 which he had not issued. Marlon recalled that he had lost his cheque book for the first five days in December. On finding the cheque book, it appeared that a cheque leaf was missing but thought nothing of it. He could not recall whether he had signed the cheque or not. He had planned to report the matter but he was so busy with Christmas and New Year preparations that he forgot to do so. On examining the cheque, it seemed to Marlon that it was either signed by him or it was a good forgery. He is upset with NBM as he believed that NBM should have called him before honouring such a large cheque. Marlon has also found out that NBM had been providing his account information to the government of Moville without obtaining his consent. Marlon has brought action against NBM. What laws are applicable or can be cited to aid in defending the case for Marlon?