Reference no: EM132175860
1. Assume an employee steals a check made out to a co-worker. And assume the co-worker had indorsed the check. When the employee/thief presents the check to Bank for payment, which statement below is most correct?
a. the employee thief is breaching the transfer warranty that no defenses can be asserted against her.
b. the thief has a right to be paid as co-worker already indorsed the check, turning it into a bearer instrument.
c. The employee thief is breaching Article 3’s presentment warranty that he is entitled to enforce the instrument.
d. The employee thief is breaching the warranty of good faith.
2. Bill indorsed his paycheck by blank indorsement. Bill negotiated the instrument to Gil for the purchase of Gil’s used car. Gil indorsed the check “without recourse” and “pay to Home Haven, Inc.” then delivered it to Home Haven for a new washer and dryer. Home Haven indorsed and deposited in its bank account. In this scenario, who bears the risk of payment based on signature warranty?
a. Bill and Home Depot.
b. Bill, Gil, and Home Depot.
c. Only Bill’s employer who is the issuer of the check.
d. Bill only.
3. Hayden owes Luther $5000. Hayden will be able to pay this debt when he is able to sell his one-year-old Harley motorcycle, valued at $20,000. Hayden writes a check for $5,000 to Luther that reads, "Payable to the order of Luther upon sale of Harley.” This check is:
a. non-negotiable because it does not state a definite amount of money.
b. negotiable, and Luther is the payee on the check.
c. negotiable if Hayden includes a date for the Harley’s sale.
d. non-negotiable because the check is conditional.