Which of the Following Was the Result on Appeal in Fernando

question 108

Multiple Choice

Which of the following was the result on appeal in Fernando Tatis v.U.S.Bancorp,the case in the textbook in which the plaintiff,a major-league baseball player,asked that the defending bank hold his bank statements and failed to notify the bank within thirty days of forgeries by one of his employees?

• A)By agreeing to hold the bank statements,the bank implicitly agreed to waive any timely notice of forgeries.
• B)Regardless of when notice was received,the plaintiff-depositor was entitled to the return of funds released based on forgeries.
• C)Pursuant to the principle of comparative negligence,the plaintiff-depositor and the bank would be required to split losses on an equal basis because they were both at fault.
• D)The plaintiff-depositor could not recover for forgeries made and not reported for more than thirty days after the bank statements were made available.
• E)The plaintiff-depositor could not recover because the forgeries were not reported within thirty days of when the bank statements were made available,and by not timely reporting the first forgery,the plaintiff-depositor lost all rights to recover funds lost because of forgeries by the same forger.

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