On February 2, 2009, Roger Chavez left Venezuela to go to Miami with his wife. The purpose

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On February 2, 2009, Roger Chavez left Venezuela to go to Miami with his wife. The purpose of the trip was to do personal shopping, purchase items for Chavez’s construction company, and to obtain past account statements at Mercantil Commercebank, N.A. (“MCB”). Chavez stayed in the United States for four days and flew back to Venezuela on the morning of February 6, 2008. On the same day that Chavez left the United States, a payment order provided for the wire transfer of $329,500 from Chavez’s MCB account to the account of a beneficiary at a bank in the Dominican Republic. On April 14, 2008, Chavez was planning another trip to Miami and checked his account balance online. Chavez subsequently realized he was missing money and almost immediately contacted MCB. Chavez attempted to have MCB re-credit his account based on the fraudulent payment order but was denied by MCB. Understandably, Chavez sued. Do you think MCB is liable for the unauthorized payment? What additional information or evidence would help you reach a conclusion?

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Dynamic Business Law

ISBN: 9781260247893

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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