Business law essay
1. Lorraine paid for her shipment using a certified check. The difference between a regular check and a certified check is as follows: a regular check is a guarantee from the check writer that there are enough funds in the account to cover the check. On the other hand, a certified check is a promise from the bank that there are enough funds to cover the check. Most banks take the money directly out of the customer’s account in order to issue a cashier’s check, therefore, the First National Bank of Detroit is responsible, bank failure or not, to make good on Lorraine’s cashier’s check.
2. Sandra waited six days from the day that she lost her card to report it to the bank. Sandra was irresponsible in two ways: first, she lost her ATM card; second, she waited too long to report it. The law states that if the ATM card is reported lost or stolen within two days, the cardholder is responsible for up to $50 is illegal charges. If the cardholder waits more than two days, she is responsible for up to $500 in illegal charges; therefore, the bank was correct in only paying $300.
3. There are several questions that must be answered in order to determine the Martin’s financial responsibility. First of all, the defendant was enriched by the aluminum siding. Was the enrichment (the aluminum siding), unjust? It was, because the Martin’s didn’t order it and received it due to a mistake. Next, the enrichment was at the expense of the siding company – they will still have to work on the Wolf’s home. The Martins have no defense, because Mr. Martin knew that neither he nor his wife ordered the siding and he did not stop the workers. In fact, he snuck out the back door. Finally, the claimant needs to sue the Martins for the cost of the siding. They should have checked in order to make sure they were working on the correct house, so they shouldn’t get their labor costs. Had they been on vacation and unaware of the work until they arrived home, the Martins would not be liable for anything, as they had no way to stop it.