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    Gerber & Gerber, P.C. V. Regions Bank

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    Dear Professor,

    I am in need of assistance evaluating the Gerber & Gerber, P.C. V. Regions Bank Nos. A03A1952, A03A1953 Fe. 13th, 2004.

    1. What principles apply to attribute liability between these parties?

    2. How should the court rule on the bank's motion? Explain by taking the facts of the case and applying them to the law.

    The questions are only a portion, but I'm having the most difficulty analyzing this case!

    Please help if able, as you have been most straightforward and concise in the past!


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    Solution Preview


    1. What principles apply to attribute liability between these parties?

    The principles that apply attributing liability in this case focus on long-standing practices wherein any blank-endorsed cashier check, such as those cashed by the employee in this particular case are applicable under the UCC when a bank converts money over to the party that is given to a person that is wrongfully in possession of these checks or instruments, the holder or company that holds these checks is liable for the checks as they are required to ensure due diligence regarding not allowing these checks to be used for nefarious purposes. Therefore, in this ...

    Solution Summary

    Gerber and Gerber and P.C. V. Regions Bank is examined. The principles which apple to attribute liability between these parties are determined.