chapter 24 Flashcards

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1
Q

Negotiable instruments include

4 of them

A

Drafts,
checks,
promissory notes,
(Certificates of deposit).

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2
Q

One way to pay for things is? and the other is?

A

One way to pay for things is cash. Another is by using a negotiable instrument.

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3
Q

the key feature of a negotiable instrument is

A

negotiability.

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4
Q

Negotiability is a

A

legal concept that makes written instruments freely transferable and therefore a readily accepted form of payment in substitution for money.

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5
Q

The three parties to a check

A

Drawer, drawee, payee

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6
Q

The drawer is the party

A

issuing an order to pay a check or a draft.

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7
Q

The drawee is

A

the party ordered to pay a draft or check (the bank)

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8
Q

The payee is the

A

the person to receive payment by an instrument.

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9
Q

Mary writes a check to the order of John and the check is drawn on CFSB bank.
whose the Drawer, drawee and the payee

A

Mary is the drawer
•CFSB bank is the drawee
•John is the payee.

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10
Q

A promissory note is a

A

written promise by a maker (issuer) to pay a payee.

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11
Q

Maker

A

issuer of a promissory note or a certificate of deposit.

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12
Q

Certificate of deposit:

A

a specialized form of a note that is given by a bank or thrift association.

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13
Q

Formal requirements

9 of them

A
  • Be in writing
  • Be signed
  • Contain a promise or order to pay
  • Be unconditional
  • Be for a fixed amount
  • Be for money
  • Contain no other undertaking or instruction
  • Be payable on demand or at a definite time
  • Be payable to order or to bearer.
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14
Q

Writing

A

The writing requirement is broadly construed.

•Written on a pizza box, napkin, or a coconut. That satisfies the writing requirement.

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15
Q

Signature is

A

Signature is any symbol executed or adopted by a party with the intention to validate a writing.

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16
Q

Unconditional

A

An absolute promise to pay that is not subject to any contingencies

17
Q

Demand paper

A

Demand paper payable on request

18
Q

Time paper:

A

Time paper: payable at a definite time.

19
Q

Definite time

A

Definite time:•
1. at a fixed date or dates
•2. at a definite period of time after sight or acceptance or At a time readily ascertainable at the time the promise or order is issued.

20
Q

Payable to order:

A

Payable to order: payable to the order of a named person or anyone designated by that person.

21
Q

A negotiable instrument must contain words

A

A negotiable instrument must contain words indicating that the maker or drawer intends that it pass into the hands of someone other than payee.

22
Q

Payable to bearer

A

Payable to the holder of the instrument includes instruments payable to bearer, to an unspecified payee, or to cash.