Mary Mansi claims that eighteen checks on her account contain forgeries but were nevertheless paid by her bank, Sterling National Bank. The checks bore signatures that, according to the MansiĂ˘â‚¬â„˘s handwriting expert, were apparently Ă˘â‚¬Ĺ“written by another person who attempted to simulate her signatureĂ˘â‚¬Âť and thus were not considered obvious forgeries. Sterling National Bank acknowledged that it did honor those eighteen checks, but nine of them were returned to the plaintiff more than one year prior to this action. In addition, Mansi had received bank statements and failed to examine them.
a. What are the arguments that the bank is liable to Mansi for wrongfully paying the checks?
b. What are the arguments that the bank is not be liable to Mansi for paying the checks?
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c. Who should prevail? Why?