Edith purchases what is represented to be a new DVD player from Big Al's Electronic Emporium,by giving Al a check for $200 drawn on Big Bank.Edith then discovers that the DVD player is a used model and calls Big Bank to place a stop-payment order on the check.Big Al negotiates the check to John who qualifies as a holder in due course.John presents the check to Big Bank the next day,and Big Bank pays the check.Which of the following statements is most accurate?
A)For recourse,Edith would have to pursue Big Al on her misrepresentation claim.
B)Edith may use her personal defense of misrepresentation to have her account recredited by Big Bank.
C)Edith may pursue both Big Bank and John for the amount taken from her account.
D)If Big Bank had refused to pay the check,John would have had no recourse against Edith.

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 John,Edith cannot establish that she has suffered a loss.The only recourse for Edith would be to pursue Big Al on her misrepresentation claim.

Edith Purchases What Is Represented to Be a New DVD