Question
Trae has a bank account at the Atlantic Bank. Trae owes Joel $7500 so Trae prepared and signed an uncertified cheque for $7500 made payable
Trae has a bank account at the Atlantic Bank. Trae owes Joel $7500 so Trae prepared and signed an uncertified cheque for $7500 made payable to Joel and gave it to him.
Joel owed money to Nikola, so Joel endorsed the $7500 cheque and gave it to Nikola.
Nikola was in debt to Giannis, so Nikola wrote on the back of the $7500 cheque "pay to Giannis" and "without recourse" and then Nikola endorsed it and gave it to Giannis.
Giannis entered into a contract to buy Kyrie's car. Giannis wanted to use the $7500 cheque as payment for the car but Kyrie was worried because he did not know Giannis. Lebron, a mutual friend of Kyrie and Giannis, agreed to help out by endorsing the cheque. So, Lebron signed the back of the cheque and wrote "guarantor for Giannis". Giannis wrote on the back of the cheque "pay to Kyrie" and "without recourse" and then Giannis signed it, and gave it to Kyrie.
Kyrie wrote on the back of the cheque "For Deposit Only" and then he signed it, and took it to the Atlantic Bank to deposit it into his personal bank account. The Atlantic Bank told Kyrie that the cheque could not be honoured because Trae had no money in his bank account.
(a) Who can Kyrie legally look to for payment, and on what legal basis ?
(b) What must Kyrie do now to be able to legally pursue those parties for payment ?
Explain and support your answer by referring to the applicable law and applying it to the facts. Do NOT discuss defences available under the Bills of Exchange Act.
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