Question
Kandu, who lived in Morgantown, advertised his 1999 Jeep Wrangler on Craigslist for $2000. Juanita replied via email and said she wanted to buy the
Kandu, who lived in Morgantown, advertised his 1999 Jeep Wrangler on Craigslist for $2000. Juanita replied via email and said she wanted to buy the vehicle. Juanita lived in California and said she could not pick up the vehicle personally. Instead, she agreed to mail Kandu a cashier's check for $2000, and she would have her cousin, Michael, pick up the vehicle to drive it to her in California. She provided Kandu with a copy of her driver's license as proof of identity, but he did no research to confirm her identity.
Juanita sent the check as agreed, dated July 1, 2020. Kandu cashed the check without any problems at his local bank, and two days later, Michael picked up the keys and drove away with the Jeep and a title signed by Kandu.
Two days later, Kandu received a call from his bank stating that the check had been returned from the First National Bank on which the check had been drawn. First National Bank stated that the check was fraudulent and would not honor it. The original check had been issued July 1, 2019 for $2000, and someone had altered the date to July 1, 2020.
Kandu managed to track down his missing Jeep through DMV records, and he discovered Michael had sold it to William for $2000.
- What recourse does Kandu have against (a) Juanita, (b) John, and (c) the bank, if any?
- What are possible extenuating circumstances that might protect Michael from liability?
- Does Kandu have any right to get the Jeep back from William? What defense should William use against Kandu if he tries to get the Jeep back?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started