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Prince Naveen goes grocery shopping and carelessly leaves his checkbook in his cart. His checkbook had two blank checks remaining. The checkbook is stolen by
Prince Naveen goes grocery shopping and carelessly leaves his checkbook in his cart. His checkbook had two blank checks remaining. The checkbook is stolen by Facilier. On June 5, Facilier forges Naveen's name on on one of the checks for $500 and cashes the check at Naveen's bank, Maldonia Bank. Naveen did not report the lost checks to the bank. On July 1, Naveen receives his monthly statement from the bank. The statement shows the forged check, but Naveen does not examine it. On July 20, Facilier forges Naveen's second stolen check for $1,000 and cashes it at New Orlean's City Bank, a bank with which Facilier had previously done business. On August 1, Naveen receives another bank statement, discovers both forgeries, and immediately notifies Maldonia Bank. Facilier is absconded. Naveen asks Maldonia Bank to recredit his account for both checks because his signature was forged. Instructions: Consider the above fact situation and then discuss whether Naveen's claim is likely or not to prevail. When formulating your answer, you might want to include about what duties apply to each party, and whether the acts committed by the parties actually violated their respective duties.
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