Shawn purchases a computer from Adelaide Electronics,and writes them a check of $1,000.However,after Shawn brought the computer home,it abruptly stopped working due to a virus attack.Shawn calls his bank ordering it to stop payment on the check.Adelaide Electronics gave the check to Jack Enterprises,their creditor.Shawn's bank honored the check when Jack presented it.Which of the following is true in this case?
A)The bank is liable to recredit Shawn's account,since the bank did not follow Shawn's instructions.
B)Shawn will be able to show that he sustained losses since the bank honored the check to Jack.
C)The bank is not liable to recredit Shawn's account,since Shawn did not send the stop-payment order well in advance.
D)Shawn cannot have his account recredited because he will not be able to show that he sustained any loss.

Question

Quizplus · Accepted Answer

To show a loss,the drawer must establish that the drawee bank paid a person against whom the drawer had a valid defense to payment.However,if the check is presented by Jack,Shawn cannot establish that he has suffered a loss.The only recourse for Shawn would be to pursue Adelaide Electronics on his misrepresentation claim.

Shawn Purchases a Computer from Adelaide Electronics,and Writes Them a Check