In January of 2001,Fred Had a Cocktail Party for His

question 28

Multiple Choice

In January of 2001,Fred had a cocktail party for his coworkers.The next day,after cleaning up,Fred noticed that a check had been stolen from his checkbook.Fred immediately called his bank and issued a stop-payment order on the check.One week later,the check was received by the bank and the bank paid it.Fred's signature was forged on the check.Fred never followed his oral stop-payment order with a written stop payment order.Because Fred was notoriously sloppy with his personal financial affairs,Fred did not notice that the bank had paid the check until he was preparing his income tax return in April of 2002.Can Fred recover from the bank?

• A) Yes,because the bank paid the check contrary to a valid stop-payment order.
• B) Yes,because the indorsement on the check was forged.
• C) No,because he did not execute a written stop-payment order to follow up his oral order.
• D) No,because the fact that the check was stolen was not the bank's fault.
• E) No,because too much time had passed from when Fred had the information about the bank having paid the check to notify the bank.

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Definitions:

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