Kirk, a business manager, has been communicating via e$-$mail with Peggy, a potential employee. Kirk has scheduled a meeting with Peggy. However, Peggy's cousin Victoria knows Peggy's e$-$mail password and intercepted the e$-$mail about the work meeting. Without Peggy's knowledge, Victoria decides to impersonate Peggy at the interview. Victoria tells Kirk she will strongly consider signing an employment agreement if Kirk will issue her a check as a pre$-$signing bonus. When Victoria attempts to cash the check, is Kirk liable to pay on the check?

No$,$ pursuant to the imposter rule.

No$,$ Victoria's signature on the instrument is considered a forgery.

Yes, pursuant to the imposter rule.

No$,$ because Kirk did not intend to make a check to Victoria.

Yes, pursuant to the fictitious payee rule.