1. On what fact might a court base a decision that the EFTA does not apply in Binns’s situation?

2. Suppose that Binns had charged the bank with violations of Article 3 of the UCC, which governs negotiable instruments, defined as signed writings that order or promise payments of money. Article 3 allocates loss from a forged signature or alteration on an instrument according to the exercise of ordinary care by a bank and its customer. Would the result have been different? Explain.