Question
Brandon Smith owes Alexandra Jones $1500 but feels that he should not have to discharge that obligation. After collection agents contact him, Brandon delivers to
Brandon Smith owes Alexandra Jones $1500 but feels that he should not have to discharge that obligation. After collection agents contact him, Brandon delivers to Alexandra a personal check. In the right-side box for numerical amount, Brandon writes his own hand "$1500." In the line for the written-out amount, Brandon types "one thousand five." At the end of the line, he blots out the printed word "dollars" with an ink pen. On the signature line, Brandon writes "Brandon Smith" but types "Brandon Smythe" beneath it. On the mem line, Brandon writes the words "for nothing." Is this check negotiable, and if so, in what amount?
a.) Most of the inconsistencies and ambiguities are immaterial, but the amount of the check is ambiguous and thus it cannot be negotiated.
b.) The check is negotiable but only for $1.50 because clearly the drafter intended to be worth at least that amount.
c.) It is not negotiable because, taken together, the inconsistencies and ambiguities are not resolvable.
d.) Because typed language prevails over inconsistent printed language on a negotiable instrument, and words prevail over inconsistent numbers, the check can be cashed for one thousand and five dollars ($1,005)
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