Flashcards in Commercial Paper: Liabilities & Discharge of Duties Deck (5)
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1
Negotiable Instruments:
Contract Liabilitiy
Primary Party Liability:
- Makers of CDs
- Drawee's of Drafts (we do not skip the bank)
Secondary Liability:
- drawers of check or draft
- Indorsers (unqualified)
Accommodation Party Liability:
- accommodation party signs instrument to lend their name to guaranty liability of accommodated party
- they take primary liability
- treated as a surety or guarantor
2
Negotiable Instruments:
Warranty Liabilitiy
Transferor Warranty Liability: General and qualified endorsers make the following warranties:
- Good Title
- All Signatures are Genuine
- Instrument has not been altered
- Not subject to claim or defense by another party against transferor
- No knowledge of any insolvency proceeding against maker, acceptor, or drawer.
Nonindorsers:
- give same warranties only to their immediate transferee
Presentment Warranties:
- person obtaining payment is authorized
- instrument not altered
- no knowledge that signature of drawer is unauthorized
***Cannot be disclaimed by presenters of checks***
3
Negotiable Instruments:
Defenses
Personal Defenses:
- Mistake
- Misrepresentation
- Fraud in the Inducement
- Lack of Consideration
- Breach of Contract
- Product warranty issues
Real/Universal Defenses:
- Fraud in Execution: decieved into signing
- Minority
- Inability to pay and/or discharge in bankruptcy
- Void Events:
- Illegality
- Mental Incapacity
- Duress
4
Negotiable Instruments:
Effect of Material Alteration on Contractual & Warranty Duties to Pay
Complete Defense:
- against both holder and HDC
Partial Defense:
- original tenor is altered cleverly
No Defense:
- originally incomplete, but later completed
5
