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Which of the following is true of a stop payment order given by a drawer of a check to the drawee bank?
A. If the drawee bank fails to follow a valid stop payment order, it is automatically liable to the drawer for the amount of the check.
B. The drawer of a check can give a stop payment order only if s/he can prove a valid defense.
C. The stop payment order may be oral but is effective for a shorter time than a written stop payment order.
D. Stop payment orders must be in writing to be effective.
Answer:C
C is corrent. Stop payment orders may be oral and are valid for 14 days. Written stop payment orders are valid for 6 months and are renewable.
A is incorrect because the bank is liable only if its failure ultimately causes its customer a loss. If the drawer has no valid defense to refuse payment, the drawer has suffered no loss. The bank must also be given a reasonable time to act on the stop payment order.
B is incorrect because the drawer may give the bank a stop payment order and the drawer will eventually have to pay if s/he has no valid defense to payment.
D is incorrect because stop payment orders may be oral.