circumstances.
A contract may include a clause stating that no damages can be recovered for a certain
type of breach.
Hoppy steals two checks from Eagle Retail Stores, Inc.: a blank check and a check
payable to the order of General Supplies Company (GSC), drawn on Eagles account
with First National Bank. Hoppy forges Eagles signature on the blank check and makes
it payable to himself. Hoppy forges GSCs indorsement on the back of the check payable
to GSC, and adds “Pay to the order of Hoppy. At Friendly Credit, Inc., Hoppy indorses
the back of both checks with his own name and gives them to Friendly for cash.
Friendly does not know about the theft or the forged signatures and presents the checks
to First National, which pays them. Eagle, which was not negligent, discovers the
forgeries and asks First National to recredit its account. Who suffers the loss on each
check?