6 TEST BANK B—UNIT FIVE: NEGOTIABLE INSTRUMENTS
B7. Cleo writes a check for $100 drawn on Debit & Credit Bank and presents it to
Elegant Jewelers for payment. If the check is not backed by sufficient funds,
Cleo may be prosecuted for
a. forgery.
b. fraud.
c. negligence.
d. nothing.
Fact Pattern 28-1B (Questions B8 and B9 apply)
Dana takes her car to Efficient Auto Repair Service, which repairs the car and bills
Dana for $500. She writes out a check drawn on First Choice Bank, but later,
believing that Efficient Auto did not repair the car properly, issues a stop-payment
order.
B8. Refer to Fact Pattern 28-1B. If First Choice pays the check, the bank
a. can sue Dana for a wrongful stop-payment order.
b. can sue Efficient Auto for breach of contract.
c. is liable to Efficient Auto for the time and trouble to return the payment.
d. is liable for Dana’s loss due to the wrongful payment.
B9. Refer to Fact Pattern 28-1B. First Choice
a. is liable to Efficient Auto for the amount of the check.
b. must stop payment if First Choice has a reasonable time to act.
c. need not follow Dana’s order because it was issued after the check.
d. need not follow Dana’s order unless the check was certified.
B10. Shakira issues a check drawn on Thrifty Bank to Ranch & Farm Supply to pay
for a rototiller. Later, Shakira discovers a defect in the device and orders Thrifty
to stop payment on the check. Shakira does not renew the order, and the bank
clears the check eight months later. The bank
a. must recredit Shakira’s account.