Question

Yard Mowing. Paula agreed to mow John's yard once a week for $50 per week throughout the summer. Paula, however, was having trouble getting her money from John. On one occasion, he gave her a handwritten IOU stating "I, John Jones, owe Paula Smith $50" which he signed at the end. A couple of weeks later, John did not have the money with which to pay Paula for additional mowing, and he handwrote the following on a piece of paper and gave it to her: "I, John Jones, promise to pay Paula Smith or to bearer, the sum of $100 on Monday, July 22, 2017." Paula quit mowing John's yard, and disgusted with John, Paula assigned both documents to Vince. When Vince presented the documents to John, John refused to pay on the basis that after inspecting the yard, he decided that Paula was doing a poor job. Vince told him the documents constituted negotiable instruments, but John disagreed. Which of the following is true regarding the effect on negotiability of John's determination that Paula did a poor job mowing the yard?
A) Paula's performance prevents the instruments from being negotiable,but only if John meets the burden of proof of establishing by a preponderance of the evidence that Paula did a poor job mowing the yard.B) Paula's performance prevents the instruments from being negotiable,but only if Paula meets the burden of proof of establishing by a preponderance of the evidence that she did an acceptable job mowing the yard.C) Paula's performance prevents the instruments from being negotiable,but only if John meets the burden of proof of establishing by a preponderance of the evidence that Paula did a poor job mowing the yard,and if Paula signed a document agreeing that the instrument would lack negotiability unless she properly performed.D) Paula's performance prevents the instruments from being negotiable,but only if Paula meets the burden of proof of establishing by a preponderance of the evidence that she did an acceptable job mowing the yard and that she did not sign any document agreeing that the instrument would lack negotiability upon John's objection.E) Manner of performance is not one of the listed elements for negotiability.

Answer 1

Answer:

B) Paula's performance prevents the instruments from being negotiable,but only if Paula meets the burden of proof of establishing by a preponderance of the evidence that she did an acceptable job mowing the yard.

Explanation:

Initially, there was a verbal contract between them which John did not oppose. His observations ought to have made known to Paula after mowing the yard probably the second time, so that she would be aware of his reservation.

John might be right with his claim and thus his decision not to pay the wages. But a good question to ask from him is if he observed the claim immediately after Paula finished her job or a few days after. Secondly, probably he had an alterior motive even before the agreement.

The only action that Paula can take to weaken John's claim is to provide an evidence to support her good job done after each mowing.