Explore BrainMass
Share

Rights and Entitlement

This content was STOLEN from BrainMass.com - View the original, and get the already-completed solution here!

Please help by Discuss those 2 questions below. 80 words minimum

Q1: Dan issues a check for $100. Eve steals it and alters the amount to $1,000. She negotiates the check to Fred, who takes it in good faith, for value, and without notice of the alteration. Dan refuses to pay more than $100 on the check. Is Fred entitled to more from Dan?

Q2: Melvin executed and delivered to Dawkins a negotiable promissory note payable to the order of Dawkins as payment for 100 bushels of wheat Dawkins had sold to Melvin. Dawkins indorsed the note "Pay to Hersey only, (signed) Dawkins" and sold it to Hersey. Hersey then sold the note to Smith after indorsing it "Pay to Smith, (signed) Hersey." What rights, if any, does Smith acquire in the instrument?

© BrainMass Inc. brainmass.com October 25, 2018, 8:52 am ad1c9bdddf
https://brainmass.com/business/business-law/rights-entitlement-555550

Solution Preview

1- Dan issued the check for $100 to an unnamed party. Before the check reached its destination, Eve steals the check and changes the amount to $1,000. At this immediate point, Dan is not responsible for the $1,000 that Eve altered the check to, when she stole it. She then gives the check to Fred, knowing it is fraudulent. She does so in ...

Solution Summary

This solution discusses the case of Dan and his check for $100 and also discusses the case of Melvin and Smith's rights.

$2.19
See Also This Related BrainMass Solution

This posting addresses Emily's entitlement rights.

Emily had a wonderful twenty-first birthday celebration. Her boyfriend gave her a mini-DVD camcorder, and her sister gave her a $50 gift certificate to Tom Shea's, a popular seafood restaurant. Emily's grandfather telephoned her from Florida to say his present to her was his convertible sports car. She could pick it up at his winter home in Florida any time. The next day, she received news that her grandfather had passed away in Florida before she had had time to pick up the car. She let a year go by before going to the restaurant to use the gift certificate and was told that the certificate had expired. She and her boyfriend ate there anyway, but after leaving the restaurant, Emily realized that she had left her camcorder at their table. She learned from the waitress that another party had found the camcorder and was supposed to have returned it to her. Later, the police found the camcorder at a pawn shop and identified it as hers.

Opening Case Questions

1. Is Emily entitled to her grandfather's car?
2. Could the restaurant keep the money that had been paid for the gift certificate?
3. What duty did the restaurant owe to Emily concerning her camcorder?
4. Can Emily recover the camcorder from the pawn shop?

View Full Posting Details