Which of the following is true of a check made out to the order ...

[folubunmi]

Which of the following is true of a check made out to the order of a person?
 A) The drawee can deposit the check after its validity expires.
 B) The drawee can only deposit the check into his own account.
 C) The drawee cannot indorse the check to anyone else.
 D) The drawee can encash the check at the appropriate bank.

Question 2

Vacarro gave her son Mark a car on the day Mark left for college. Vacarro told Mark that she expected him to use the car for school purposes and to earn good grades. Mark flunked out of college in his second semester. Vacarro sued to regain title to the car on the ground that the gift was conditional on Mark's earning good grades and remaining in college. Will Vacarro win the case?

[mirabriestensky]

Answer to Question 1

B

Answer to Question 2

No. Judgment will be for Mark. The gift was unconditional. A condition subsequent will not be implied from Vacarro's statement that she expected Mark to use the car for school purposes and to earn good grades. In order for these expectations to rise to the level of valid conditions subsequent, the donor must clearly express that they are specific requirements of the transaction, and that if the conditions are not satisfied, the gift must revert to the donor.