Business law 25
Unlock all answers in this set
Unlock answersquestion
Trisha loaned Brian $600 evidenced by a promissory note. When Brian paid off the loan, he did not ask Trisha for the note. She sold it to Carin, a holder in due course. Brian does not have to pay Carin since he already paid Trisha the full $600.
answer
f
question
There are three parties on a promise instrument: the maker, the drawee, and the payee.
answer
f
question
Tyron purchased a $2900 promissory note from Jared for the discounted amount of $2500. Tyron paid value, in good faith and without notice of any outstanding claims against this promissory note that read, 'Pay to the order of Jared $2900 on July 1, 2009, for the purchase of a 2001 Ford Taurus provided no major problems with the car arise prior to said payment date.' Tyron is a holder in due course of a negotiable note.
answer
f
question
issuer
answer
maker or drawer of an instrument
question
Which of the following would be notice of an overdue instrument?
answer
all of the above
question
Felicia, an elderly woman, does not speak or read English well. Felicia is a recent immigrant to this country. A dishonest immigration officer tells Felicia to sign several documents as being necessary to maintain her legal alien status. Unknown to Felicia, she signs a promissory note. The immigration officer thereafter sells the note to Neighborhood Bank, a holder in due course, who goes after Felicia for payment of the note. Felicia\"s defense to the Neighborhood Bank is:
answer
fraud in the inducement WRONG
question
Commercial paper is a contract to pay money.
answer
t
question
Sonny has a negotiable instrument which he gives to Cheryl as a birthday present. Sonny is a holder in due course on the instrument. As it turns out, Cheryl can only collect on the instrument if she has holder in due course status. If Cheryl sues to collect this instrument, what will be the result?
answer
If Cheryl took the instrument in good faith and without knowledge of any claims against the instrument, she is a holder in due course even though Sonny gave her the instrument for her birthday. WRONG
question
Sophie issues a promissory note made 'payable to the order of Molly.' Molly indorses the note by signing her name and gives the note to Dana. Which of the following is correct?
answer
Sophie issued an order instrument, but Molly changed it to bearer form
question
To be negotiated, bearer paper must simply be delivered to the recipient.
answer
t
question
Laurel Speckle received a check from State University. She indorsed the check as follows: 'For Deposit only, /s/ Laurel Speckle.' Laurel\"s indorsement is a
answer
restrictive
question
Kent Weston wrote a check for $500 payable to the order of Chester Jones. Chester indorsed the back of the check as follows: 'Chester Jones.' The check is now:
answer
order WRONG
question
A 'holder' of order paper can be described as:
answer
any person in possession of the instrument if it is payable to or indorsed to him.
question
Francenie has a checking account at Corner Bank. She wants tickets to an upcoming concert. She writes a check to Ticketmaster for the cost of two tickets. In this scenario:
answer
Francenie is the drawer, Corner Bank is the drawee, and Ticketmaster is the payee.
question
Under the UCC, a holder in due course is a holder who has given value for the instrument. Which of the following holders have given value for the instrument?
answer
todd
question
Valley National Bank issued a note promising to repay an investor on October 1, 2011, three years from the date of issue, plus interest. The note:
answer
is a certificate of deposit, and whether the bank pays a higher or lower rate of interest than it pays on its regular savings accounts depends upon particular bank policy. WRONG
question
The evening news was full of stories about how Levine sold fraudulent negotiable instruments to investors around the country. Two days later, Brighty, who did not hear the news reports, bought some of the fraudulent negotiable instruments from a swindled investor. Can Brighty claim the position of a holder in due course considering the publicity of the scam?
answer
Brighty can claim to have purchased the instruments in good faith if he subjectively believed the instruments were valid and if objectively his purchase of the instruments was commercially reasonable.
question
To be negotiable, a check must be in writing. Under the UCC, a check:
answer
need not be on any official form or even on paper.
question
Which of the following can be negotiable?
answer
A check written on the standard check form that does not state the date it was issued.
question
In June, The Seascape Gallery sells an oil painting to Collegiate Systems, Inc. Collegiate promises to pay for the painting in three months. The gallery prepares a draft ordering Collegiate Systems to pay $3,000 to First Bank on September 15. Collegiate Systems signs the draft. The draft is a:
answer
b&c