Vivian buys a large, handcrafted table over the Internet from Ekaterina, who Vivian has never met. Brooke learns of the purchase, and visits Vivian in person, pretending to be Ekaterina needing payment upfront to purchase supplies to make the table. Vivian draws a check payable to the order of Ekaterina and gives the check to Brooke, believing her to be Ekaterina. Brooke forges Ekaterina's indorsement and cashes the check at a liquor store.

Under ________, Vivian is liable and the liquor store is not because Vivian was in the best position to have prevented the forged indorsement.