Ren/Tex Realty Inc (Ren/ Tex) sold several properties on behalf of Erin Amelia Investments Ltd (Erin Amelia).

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Ren/Tex Realty Inc (Ren/ Tex) sold several properties on behalf of Erin Amelia Investments Ltd (Erin Amelia). Erin Amelia therefore became contractually obliged to pay a commission of $38 000 to Ren/ Tex. Erin Amelia drew a cheque for that amount upon its account at the National Bank of Canada, and then gave that cheque to Ren/ Tex on March 16. Two days later, Erin Amelia contacted the National Bank, explained that it was experiencing financial difficulties, and issued a countermand or stop payment order. The bank entered that information into its system. On March 23, Ren/Tex brought the cheque to the National Bank and paid a $7 fee in order to have the cheque certified. The bank should have refused that request because the cheque already had been countermanded by Erin Amelia. As a result of an honest mistake, however, the teller at the bank overlooked the stop order payment and certified the cheque. On March 26, Erin Amelia learned that the cheque had been certified. It immediately contacted Ren/Tex, said that the cheque could not be used to acquire payment, and insisted that the instrument should be turned over to the bank. Ren/ Tex disagreed and, the next day, it presented the certified cheque at the National Bank and demanded payment. The bank refused. It says that that Ren/ Tex is not entitled to payment because (i) the cheque was certified by mistake, (ii) the cheque was certified by the payee rather than the drawer, and (iii) the payee knew that the cheque was mistakenly certified before it presented the instrument for payment. Is the National Bank liable to pay Ren/ Tex? Explain your answer.

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0132164429

4th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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