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Question
Which of the following was the result on appeal in Fernando Tatis v. U.S. Bancorp, the case in the text in which the plaintiff, a major-league baseball player, asked that the defending bank hold his bank statements and failed to notify the bank within 30 days of forgeries by one of his employees?
A. That by agreeing to hold the bank statements the bank impliedly agreed to waive any timely notice of forgeries.
B. That regardless of when notice was received, the plaintiff/depositor was entitled to the return of funds released based on forgeries.
C. That the plaintiff/depositor and the bank would be required to split losses on a 50/50 basis based on comparative principles because they were both at fault.
D. That the plaintiff/depositor could not recover for forgeries made and not reported for more than 30 days after bank statements were made available.
E. That the plaintiff/depositor could not recover because the forgeries were not reported within 30 days of when bank statements were made available and also that by not timely reporting the first forgery, the plaintiff/depositor lost all rights to recover funds lost because of forgeries by the same forger.
Answer
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Related questions
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DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission; and that, in any event, action by an agency is always upheld. Which of the following is true regarding the statement of the agency that Monique had no right to appeal to court?
A. The agency representative was wrong; and if Monique cannot resolve the issue within the agency, she may appeal to court for judicial review.
B. Because the agency was set up to protect the safety of the public, the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
D. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court.
E. Because the agency was set up to protect the safety of the public, the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.