Mr. Biggins is one happy guy.  Janice has calmed down at her desk and is sipping her x-large Starbuck’s Coffee.  You, of course, sit down at your desk feeling the pangs of Master of the Universe, but not for long, as the buzzer rings.

“IT’S DAVEY DORIGHT ON THE PHONE, WHAT SHOULD I TELL HIM,” yells Miss Bluzenberg over the intercom.  “Oh thank you, Miss Bluzenberg, tell him I will take the call.”  “OK, SHOULD I COME INTO THE OFFICE TO TAKE NOTES.” “No thank you, Miss Bluzenberg,  I will take care it myself.”  Anything, anything, to keep that women in shouting distance.

You pick up the phone and Davey seems frantic.  You calm him down and tell him to come over right away and bring with him whatever it is that is panicking him.   Davey was over in a jiffy and the look on his face was sheer panic. “Davey, explain to me what happened?”

It seems that Davey has a friend Fred.  Fred explained to Davey that he loaned $10,000 to his friend Charlie and Charlie made out a Note to memorialize the debt.  The debt is to be paid in 12 months with 7% interest.  Fred was hard up for cash and wanted Davey to purchase the Note and pay him $7,000 for it.  Davey and Fred were good friends, so Davey did so.  Davey never knew of the transaction, nor did know who Charlie was before this meeting with Fred.

Davey called Charlie on the telephone and explained who he was and told Charlie that he should forward all his payments to him.  Charlie immediately got flustered and said that this was some sort of fraud and that he owed Fred the money.  However, as much as Davey explained that he purchased the Note was the true payee now Charlie became more belligerent.

Davey decided to call Fred, but Fred told him he is out of it and good luck with Charlie.  You ask to see the Note and it clearly has Fred’s signature, but written underneath in big black letters is “NO RECOURSE.”

Instructions:

The scenario is similar to the Class Discussion. The object is to read the scenario and determine what is the issue that is required to be discussed. Point out what the issue is, what law do we apply, discuss the elements of the law, and then apply the scenario facts to that law to see what the outcome should be.