Claralee Irobunda thought she was wiring $2,000 to her sister-in-law, Ogechi Irobunda Ogbuekiri, who lives in Nigeria. And after making that transfer, Claralee provided Ogechi with a "control number" and "test question," so that the latter could retrieve the funds. When the money was obtained by someone else, Claralee sued Western Union Financial Services, Inc., claiming the company had been negligent and had breached its contract with her.
When the Bronx County Civil Court sided with Claralee, Western Union appealed.
Since a person identifying herself as Ogechi appeared at the Western Union facility with proper identification, knew the control number, and correctly responded to the test question, the Appellate Term, First Department, could find no contract breach. And since no duty had been violated, it also thought negligence hadn't been established.
No faulty wiring there?
To view a copy of the Appellate Term's decision, please use this link: Irobunda v. Western Union Fin. Servs., Inc.