Question
Jack issues a negotiable check for $500.00 drawn on his account at Big Bank to pay Sam's Nursery for planting various plants at Jack's home.
Jack issues a negotiable check for $500.00 drawn on his account at Big Bank to pay Sam's Nursery for planting various plants at Jack's home. Over the following week, Jack notices that the plants planted by Sams Nursery are all wilting due to rushed instead of careful handling and planting of the plants in the appropriate soil. Jack calls Big Bank to stop payment on the $500.00 check, however Sams Nursery had already properly negotiated the check to Greeleys Landscaping. Greeleys Landscaping was unaware of Jacks issues with Sams Nursery and presents the check to Big Bank for payment, but Big Bank refuses to pay because of the stop-payment order. Given these facts, which of the following statements is generally correct?
a.
Although Greeleys Landscaping is a holder in due course, Jack, in this case would be able to assert the breach of contract defense against Greeleys Landscaping based on the Federal Consumer Credit Contract Rule.
b.
Jack will be able to assert the breach of contract defense against Greeleys Landscaping due to Sam's faulty work and would be relieved of his obligation to pay the proceeds of the check to Greeleys Landscaping.
c.
Jack will be able to assert the breach of contract defense against Greeleys Landscaping due to Greeleys Landscaping not seeking assurance from the checks issuer that the check would be paid.
d.
Jack must pay Greeleys Landscaping $500.00 and pursue his claim separately against Sam's Nursery.
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