Q.2. Assume the verification of Peterson's accounting did not result in enough loan value to avoid needing title to the vacant land and that the lien release was critical for the loan to proceed. Using the materials provided to you in the attached library (assume that the applicable precedent is from the fictional jurisdiction of the state of Green provided to you in the attached library). please address all elements of Ms. Ivy's negligence cause of action against Bank of Land. Assume Bank of Land is liable for its employees' actions. COMMERCIAL ESCROW COMPANY APPELLANT, V. ROCKPORT REBEL, INC. APPELLEE No. 13-89-004-CV Court of Civil Appeals of Green, Thirteenth District agreement was drawn up and signed which was entitled "Addendum to Contract to Purchase the Best Westem Rockport Rebel." The Addendum further stated that "seller will deposit into an escrow account.. the sum of $ 25,000.00 as required in this contract and can be released only upon the written approval of the seller... (and that this contract is not completed (funded, closed, consummated), then this money will be fully refunded to seller... The cashier's check for $ 25,000.00 which was accepted and deposited by Commercial Escrow listed "Best Western Rebel Rockport as remitter. August 31, 1989 JUDGES: Norman L. Utter, Robert J. Seerden, and Fortunato P. Benavides, J.J. OPINION BY: UTTER OPINION: RCY.xport Rebel, Inc., the plaintiff, brought suit against Commercial Escrow Company, the defendant, alleging that defendant had disbursed funds they were holding in escrow for plaintiff without plaintiff's prior authorization. A jury found appellants liable for negligence. Based on the jury's findings, the trial court ordered Rockport Rebel, Inc. recover from Commercial Escrow Company ("Commercial Escrow) the total amount of $25.000.00 plus pre- and post-judgment interest. We affirm the judgment of the trial court. Rockport Rebel, Inc. ("Rockport Rebels") owned a Best Western motel. Since Rockport Rebel was having difficulty obtaining long-term financing for the motel they decided to sell the motel if they could find a buyer. TDL Development Company (TDL) subsequently offered to purchase the property and sought financing through Citywide Financial Services ("Citywide") Citywide, however, required a $ 25,000.00 loan commitment fee be placed in escrow with Commercial Escrow before they would proceed. TDL was unable to put up that amount. Since Rockport Rebel needed to sell the motel, they agMiller, as the seller, to put up the twenty-five thousand dollars. On July 21, 1986, Commercial Escrow issued an escrow receipt improperty showing that the money had been received from TDL Rockport Rebel notified Commercial Escrow of its error around the end of July. However, on August 13, 1986, Commercial Escrow released the money to Citywide, the party with whom TDL filed an application for financing the purchase of the motel Commercial Service did so without Rockport Robel's prior knowledge or approval On September 19, 1985, Rockport Rebel learned that the money had been released to Citywide. Since that time, Citywide has ceased to exist and the sale of the motel was not completed. Commercial Escrow, however, refused to return the s 25,000.00 in accordance with the Addendum. Plaintiff subsequently fled this suit for negligence Discussion: Negligence is conduct which falls below the standard established by law for the protection of others." (Rest 2d Torts, $ 282.) "Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself" $ 1714, subd. (a).) A Duty of care: The threshold element of a cause of action for negligence is the existence of a duty to use due care toward On or about July 10, 1986, Rockport Rebel entered into a contract to sell The Best Western Rockport Rebel Motel to TDL. As agMiller between the parties, because of TDL's inability to pay $ 25,000.00 in earnest money, Rockport Rebol agMiller to put that amount into an escrow. An escrow Q.2. Assume the verification of Peterson's accounting did not result in enough loan value to avoid needing title to the vacant land and that the lien release was critical for the loan to proceed. Using the materials provided to you in the attached library (assume that the applicable precedent is from the fictional jurisdiction of the state of Green provided to you in the attached library). please address all elements of Ms. Ivy's negligence cause of action against Bank of Land. Assume Bank of Land is liable for its employees' actions. COMMERCIAL ESCROW COMPANY APPELLANT, V. ROCKPORT REBEL, INC. APPELLEE No. 13-89-004-CV Court of Civil Appeals of Green, Thirteenth District agreement was drawn up and signed which was entitled "Addendum to Contract to Purchase the Best Westem Rockport Rebel." The Addendum further stated that "seller will deposit into an escrow account.. the sum of $ 25,000.00 as required in this contract and can be released only upon the written approval of the seller... (and that this contract is not completed (funded, closed, consummated), then this money will be fully refunded to seller... The cashier's check for $ 25,000.00 which was accepted and deposited by Commercial Escrow listed "Best Western Rebel Rockport as remitter. August 31, 1989 JUDGES: Norman L. Utter, Robert J. Seerden, and Fortunato P. Benavides, J.J. OPINION BY: UTTER OPINION: RCY.xport Rebel, Inc., the plaintiff, brought suit against Commercial Escrow Company, the defendant, alleging that defendant had disbursed funds they were holding in escrow for plaintiff without plaintiff's prior authorization. A jury found appellants liable for negligence. Based on the jury's findings, the trial court ordered Rockport Rebel, Inc. recover from Commercial Escrow Company ("Commercial Escrow) the total amount of $25.000.00 plus pre- and post-judgment interest. We affirm the judgment of the trial court. Rockport Rebel, Inc. ("Rockport Rebels") owned a Best Western motel. Since Rockport Rebel was having difficulty obtaining long-term financing for the motel they decided to sell the motel if they could find a buyer. TDL Development Company (TDL) subsequently offered to purchase the property and sought financing through Citywide Financial Services ("Citywide") Citywide, however, required a $ 25,000.00 loan commitment fee be placed in escrow with Commercial Escrow before they would proceed. TDL was unable to put up that amount. Since Rockport Rebel needed to sell the motel, they agMiller, as the seller, to put up the twenty-five thousand dollars. On July 21, 1986, Commercial Escrow issued an escrow receipt improperty showing that the money had been received from TDL Rockport Rebel notified Commercial Escrow of its error around the end of July. However, on August 13, 1986, Commercial Escrow released the money to Citywide, the party with whom TDL filed an application for financing the purchase of the motel Commercial Service did so without Rockport Robel's prior knowledge or approval On September 19, 1985, Rockport Rebel learned that the money had been released to Citywide. Since that time, Citywide has ceased to exist and the sale of the motel was not completed. Commercial Escrow, however, refused to return the s 25,000.00 in accordance with the Addendum. Plaintiff subsequently fled this suit for negligence Discussion: Negligence is conduct which falls below the standard established by law for the protection of others." (Rest 2d Torts, $ 282.) "Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself" $ 1714, subd. (a).) A Duty of care: The threshold element of a cause of action for negligence is the existence of a duty to use due care toward On or about July 10, 1986, Rockport Rebel entered into a contract to sell The Best Western Rockport Rebel Motel to TDL. As agMiller between the parties, because of TDL's inability to pay $ 25,000.00 in earnest money, Rockport Rebol agMiller to put that amount into an escrow. An escrow