Why Does the Law Generally Place the Risk of Forgery

question 44

Essay

Why does the law generally place the risk of forgery on the payor bank,yet place the risk of unauthorized completion on the drawer? What factors would justify a difference in liability of the bank? What factors would justify a difference in liability of the drawer?

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Definitions:

Contractual Capacity

The legal ability of a person or entity to enter into a contract.

Ratify

To formally approve or confirm an agreement, treaty, or action, making it officially valid.

Disaffirm

To disaffirm means to officially reject, deny, or renounce a contract or agreement, especially by a minor or someone not fully competent.

Disaffirm

The legal act of renouncing or rejecting a contract or agreement, particularly one entered into by a minor.