negotiable instruments
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Jo's Account
Jo maintained a checking account at Second Bank. In April, the bank sent her a statement of her account for March, accompanied by the checks that the bank paid. Jo realized that one of the checks had been written and signed by her 16-year-old son, Joel. The check was written for $325. Jo had not given Joel permission to write the check. On discovering this, Jo immediately notified the bank. Upon inspecting previous statements, Jo noticed that the bank had paid a different check forged by Joel in January.
When examining this situation, explain the laws that may be applicable to this fact pattern. Are the dates important? Is Joel's age a consideration under the law? Is the familial relationship relevant? Would the expected outcome change if Jo used a credit union as opposed to a bank? What steps should Jo take when the discovery is initially made? Ultimately, determine (per the law) who must bear the loss on the check forged in March and who must bear the loss on the check forged in January.
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