Which of the following is the most likely result if Phil attempts to require that the bank reimburse him for the value of the check cashed by Helen?
A) The check was an order instrument, and the bank must take the loss because it should only have provided funds to Phil.
B) Because the check was an order instrument, the bank was within its rights to pay Helen because she presented the check; and Phil has no rights against the bank.
C) Because the check was a bearer instrument, the bank must take the loss because it should only have provided the funds to Phil.
D) Because the check was a bearer instrument, the bank was authorized to pay Helen; and Phil has no rights against the bank.
E) Regardless of what type of instrument the check was, the bank had no right to cash the check when presented by Helen unless the bank can establish by a preponderance of the evidence that Helen misrepresented herself as an agent of Phil.

Question

Quizplus · Accepted Answer

Negotiable instruments payable to whoever is bearing them are bearer instruments [UCC 3-109(a)] and are treated like cash. Anyone who comes into possession of a bearer instrument by any means, including theft, may claim the payment due on it. Endorsing an order instrument, such as a check, converts it into a bearer instrument that may be claimed by anyone in possession of it.

Which of the Following Is the Most Likely Result If