Business law 25
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Which of the following would be notice of an overdue instrument?
answer
all of the above
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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:
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fraud in the inducement WRONG
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Commercial paper is a contract to pay money.
answer
t
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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?
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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
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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
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To be negotiated, bearer paper must simply be delivered to the recipient.
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t
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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
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restrictive
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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:
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order WRONG
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A 'holder' of order paper can be described as:
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any person in possession of the instrument if it is payable to or indorsed to him.
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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:
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Francenie is the drawer, Corner Bank is the drawee, and Ticketmaster is the payee.
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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
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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:
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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
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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.
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To be negotiable, a check must be in writing. Under the UCC, a check:
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need not be on any official form or even on paper.
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Which of the following can be negotiable?
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A check written on the standard check form that does not state the date it was issued.
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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
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