BUSINESS LAW QUESTION Answer with a complete IRAC analysis. IRAC is Issue, Rule,
ID: 2466533 • Letter: B
Question
BUSINESS LAW QUESTION
Answer with a complete IRAC analysis. IRAC is Issue, Rule, Analysis, Conclusion.
Issue: Will Johns wife get the check back?
Rule: (include every rule of law that applies)
Analysis: (Explain how the rules apply and why)
Conclusion: (Say how the court would rule the problem)
You can assume that the check is a negotiable document.
John arrived home one day to find an overdue notice from the City Utilities Company. Since he had just been paid that day, he took his paycheck down to City Utilities and endorsed it over to then. The amount of John's check was $325, which was also the amount for the overdue utilities bill. John was going through a divorce and there was a court order saying the check was to go to his wife as part of the property settlement. Therefore, John's wife is claiming that City Utilities has to give the check back. Will she be successful in an attempt to get that check back? Why or why not? You must provide a complete analysis including every rule of law that will apply to this problem. You may assume that the check is a negotiable document.
Explanation / Answer
No she will not be able to recover the check from utilities. The court gives priory in this case to creditors to protect their interest.
However she would have been able to recover the same if the amount was towards child or spousal maintenance expenses
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