Asked by court Adams on May 17, 2024
Verified
Which of the following is the most likely result if an agent admits to the principal that a check for the principal was forged by the agent and placed into the agent's bank account, but the principal does nothing until two months later after the agent leaves town with the funds?
A) Because the checks were forged, the principal can receive reimbursement of the funds from any maker involved or any bank that cashed the checks.
B) The principal can receive reimbursement from makers of the checks only.
C) The principal can receive reimbursement from any bank that cashed the checks only.
D) It is likely that it will be determined that the principal ratified the signatures and that the principal cannot recover from either makers or banks that cashed the checks.
E) The principal can recover from either the makers or any banks who cashed the checks only if it can be shown that the agent cannot be located for criminal prosecution.
Ratified
Official approval or confirmation of an agreement, treaty, or contract by all parties involved.
Unauthorized Signature
A signature placed on a document by someone who does not have the legal authority or permission to sign on behalf of the indicated party.
- Identify the impediments to the enforcement of negotiable instruments and the impact of failing to exercise due care.
Verified Answer
VK
Vanika kapoorMay 18, 2024
Final Answer :
D
Explanation :
The principal's inaction for two months after discovering the forgery and the agent's misappropriation of funds could be interpreted as ratification of the agent's actions, making it difficult for the principal to recover the funds from the makers of the checks or the banks that cashed them.
Learning Objectives
- Identify the impediments to the enforcement of negotiable instruments and the impact of failing to exercise due care.
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