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Kira, Who Owned a Pet Store, Bought a Number of Dog

question 10

Essay

Kira, who owned a pet store, bought a number of dog leashes from a business called Happy Paws in Florida. Kira, who was somewhat unorganized, was very busy and told her assistant, Gio, to pay her bills, including the bill she owed to Happy Paws. Kira had lost the invoice. She knew that she owed Happy Paws $1,000, and simply told Gio to send Happy Paws $1,000. She told Gio she did not know the address, but that he should be able to find it on the Internet. Gio checked on the Internet and found a listing and an address for a company called Happy Paws in North Carolina. Gio sent the check for $1,000 to Happy Paws in North Carolina. The bookkeeper for Happy Paws in North Carolina did not act in bad faith and thought that the check was for goods sent to Kira. The treasurer endorsed Kira's check along with a number of other checks to ABC Financing Company in order to receive operating funds. Happy Paws in North Carolina was not affiliated with the Florida Happy Paws. In fact, Happy Paws in North Carolina sold booties for children. Happy Paws in North Carolina was also in financial difficulty and went bankrupt. Happy Paws in Florida contacted Kira regarding the $1,000 they were owed. Kira and Gio then discovered their mistake. They requested that Happy Paws in North Carolina refund the money, but bankruptcy prevented that. Kira then attempted to get the funds returned from ABC Financing. What is the most likely result regarding Kira's attempt to receive the funds from ABC Financing and why?


Definitions:

Antitrust Laws

Legislation intended to promote competition and prevent monopolies by regulating the conduct and organization of business corporations.

Employment-At-Will Doctrine

A legal principle that allows an employer to terminate an employee at any time for any reason, except an illegal one, and without warning, as long as the reason is not illegal.

Common Law

A legal system based on customs, judicial decisions, and precedent rather than written laws; prevalent in the UK and former British colonies.

Statutory Law

Law enacted by a legislative body, such as statutes passed by Congress or a state legislature.

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