TPL Limited (TPL) made out a cheque payable to a numbered company for $50 000, to pay

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TPL Limited (TPL) made out a cheque payable to a numbered company for $50 000, to pay the purchase price for a motor vehicle purchased by TPL from the numbered company. Douglas, who was an officer and director of the numbered company, and also of Legitimate Holdings Limited (LHL), came into possession of the cheque. Without the authority of TPL, Douglas added the name of LHL to the cheque as an additional payee. Douglas then had the cheque certified by TPL’s bank, and presented the altered, certified cheque for deposit to LHL’s bank. LHL’s bank deposited the money in LHL’s account without requiring any additional endorsement on behalf of the numbered company or LHL. Does LHL’s bank have an obligation to pay the numbered company? What could the numbered company have done to protect itself?

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Canadian Business And The Law

ISBN: 9780176795085

7th Edition

Authors: Philip King Dorothy Duplessis, Shannon O Byrne

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