strong>ESSAY DUE DATE: This essay will be due on this coming Thursday - January 30th. Essays with comments and rubrics will be returned to you by Tuesday, February 4th via email.
MPT DUE DATE: This MPT will be due on Sunday - February 2nd. They will be returned as soon as possible.
Please note that you do not have to do both the essay AND MPT to receive comments. I encourage you to do both, but if you prefer to do only one, that is acceptable.
DELIVERING THE ESSAY/MPT TO ME: You may certainly email either of them to me at tjohnson@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 230) or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it to my secretary, you should let me know that you have done that.
WRITING OR TYPING: Approach these essays/MPTs (and all your practice essays/MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions/MPTs. If you write, I will gladly accept scanned electronic copies of your essays.
INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY/MPT: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.
ALL STUDENTS / SCROLL DOWN PAST THE COMMERCIAL PAPER ESSAY FOR THE MPT
Essay- COMMERCIAL PAPER - Please use the February 2009 Commercial Paper Question in your essay materials. The text of the question is set out below.
Drawer wrote a check, drawn on Bank, to Payee for $3,000 and delivered the check to Payee as payment for services Payee had performed for Drawer. Before Payee had a chance to deposit the check in her bank account, she was robbed at gunpoint by Thief, who took her handbag with the check in it. After Thief discovered payee’s check in her handbag, he used the examples of Payee’s signature on various pieces of identification inside her wallet to create a perfect forgery of Payee’s signature on the back of the check.
The next day, Thief agreed to buy a used car from Seller for $3,000. Thief offered Seller the $3,000 check stolen from payee as payment for the car. Thief told Seller that his friend Payee, owed him $3,000 and had signed the check over to him so that he could use it to pay for the car. Seller was initially reluctant to take the check in payment for the car. However, Thief showed Payee’s driver’s license to Seller, explaining that Payee had lent him her ID while she was at work. Seller saw that the signature on the check matched the signature on the driver’s license, so he was convinced that Thief was telling the truth and that Payee had negotiated the check to Thief. Acting in good faith, Seller took the check in payment for the car, gave Thief the car keys, and signed the certificate of title over to him. Thief drove off in the car.
The next day, Seller took payee’s check to Bank and tried to cash it, but Drawer had stopped payment on the check after payee had told him that the check had been stolen. Accordingly, Bank’s teller refused to pay the check.
Does Seller have a right to recover the amount of the check from any of payee, Drawer, Bank, or Thief? Explain as to each.
FIRST MPT ASSIGNMENT OF THE WEEK
MPT - A-1 AUTOMOTIVE - Please use the July 2008 MPT - Williams v. A-1 Automotive. The text of the MPT WILL NOT be set out below so please consult your commercial bar course materials materials.
If you do not have this MPT, please let me know to expect a different MPT from you.