C5. Liability Flashcards

1
Q

Section & Liability of the maker

A
  1. He engages himself to pay according to its tenor,

admits the existence of the payee and his capacity to indorse

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2
Q

Section and Liability if the Drawer

A
  1. Admits the existence of the payee and capacity to indorse,

Engage himself that upon presentment of the instrument, it will be accepted, paid, according to its tenor

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3
Q

Section and liability of the Acceptor

A
  1. By accepting the instrument, he Engages himself to pat it according to the TENOR OF HIS ACCEPTANCE, and

Admits: DRAWER’s existence and its SIGNATURE genuineness, his CAPACITY and AUTHORITY to DRAW

Primarily Liable

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4
Q

Section & Liability of Irregular Indorser

A
  1. If the instrument is payable to the order of the 3rd person, he is liable as an indorser to the:

PAYRE and ALL SUBSEQUENT PARTIES

Secondary Liability

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5
Q

Section, Obligation, Liability and to whom - the PND and QI

A

Sec 65.

Obligation:

  • Warrants that the instrument is geniune and in all respects what it purports to be,
  • He has a good title to it
  • All prior parties had the capacity to pay

Liability: Breach of Warranties

To Whom: Extends in favor of NO HOLDER other than the IMMEDIATE TRANSFEREE

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6
Q

Section, warranties, Liability, and to whom - General Indorsers

A
  1. Warrants
    A. Instrument is genuine and in all respect what it purports to be
    B. He has a good title to it
    C. Capacity to Contract of prior parties
    D. Knowledge that the Instrument is valid and subsisting at the time of indorsement

Secondarily Liable

To whom: to all Subsequent Holders in Due Course

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7
Q

Section and Order where Endorsers are Liable:

A
  1. As respect one another, endorsers are liable prima facie in the order to which they indorse, joint payees or joint indorsees who indorse are deemed

JOINTLY and SEVERALLY

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