C5. Liability Flashcards
Section & Liability of the maker
- He engages himself to pay according to its tenor,
admits the existence of the payee and his capacity to indorse
Section and Liability if the Drawer
- 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
Section and liability of the Acceptor
- 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
Section & Liability of Irregular Indorser
- 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
Section, Obligation, Liability and to whom - the PND and QI
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
Section, warranties, Liability, and to whom - General Indorsers
- 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
Section and Order where Endorsers are Liable:
- 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