I need someone with excellent writting skills. I'm an Accountant student.
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For each question you answer, please state the following: -legal issue (if not identified in the problem) -legal rule -analysis or application of the rule to the facts -your conclusion
1. William Bailey and William Vaught, as officers for Bailey, Vaught, Robertson, and Co. (BVR), signed a promissory note to borrow $34,000 from the Freedom National Bank. The interest rate was variable: "the lender's published prime rate" plus 1 percent. Freedom went out of business, and ultimately, the note was acquired by Robinhood Investments, Inc. When BVR failed to make payments, Robinhood filed a suit in state court against BVR. BVR contended in part that the note was not negotiable because after Freedom closed, there was no "published lender's prime rate" to use to calculate the interest. Did the note provide for payment of a "fixed amount of money"? Discuss fully.
2. Batman had a joint checking account with his mother at Country National Bank. Between January and May 2000, a number of checks were allegedly forged on the account, and Batman asked City National to recredit the account for the amount of the checks, but the bank refused. Two years later, in March 2002, Batman filed a lawsuit against the bank. City National filed a motion to dismiss, claiming that the suit was barred because Batman did not file it within a year of City National’s making available to Batman the bank statements that reflected the forged checks. Batman argued that the only requirement was that he notify the bank of any unauthorized signatures within a year. How should the court rule?
3. Mayhem, Inc. had a checking account with Bank of Banks. Tweety Bird, Inc. was hired by Mayhem, Inc. as a consultant. It was paid $35,000 for its services to Mayhem. Nine days after issuing the check, Mayhem placed an oral stop-payment order on the check they issued to Tweety, but unfortunately, Bank of Banks honored the check and provided Tweety with a cashier’s check. Tweety deposited the cashier’s check in its account. Then Bank of Banks placed a stop-payment order on the cashier’s check it had issued to Tweety. When Tweety deposited the cashier’s check it in its account at Sylvester Bank of Blue Sky, Bank of Banks dishonored the cashier’s check
In his lawsuit for wrongful dishonor of a cashier’s check, Tweety argued that Mayhem’s stop-payment order was never made and that Tweety was a holder in due course of the cashier’s check issued to it by Bank of Banks. Bank of Banks took the position that the holder in due course doctrine did not apply in this situation because Tweety purchased a cashier’s check made payable to itself rather than the check’s being purchased by another party for payment to Tweety. The trial judge found for Tweety, determining that Tweety was a holder in due course of the cashier’s check. Did Tweety win or lose on appeal? Why or why not?
4. Tom and Harry each owned a one-half interest, as tenants in common, in a farm called The Acreage. Tom died in 1988. In his will, he left his share of The Acreage to his wife, Lucy. A few years later, Harry decided to make a gift of his share of The Acreage to his daughter and son-in-law, Jack and Jill, as tenants by the entirety. Jack died three years later. In his will, he stated that he was leaving his share of The Acreage to his “devoted assistant, Alice.” Based on these facts, who owns The Acreage? Discuss fully
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