Commercial Paper Flashcards

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1
Q

Basic Idea of Commercial Paper

A
  1. Person with the instrument wants to get paid.
  2. Person obligated on instrument does not want to pay.
  3. Person who paid the instrument now wants to recover the money from the person paid or someone else.
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2
Q

Approach

A
  1. Identify type of paper (representation of money)
  2. Identify parties
  3. Determine if instrument is negotiable
  4. Determine if instrument was properly negotiated
  5. Determine if transferee is a Holder in Due Clourse
  6. Determine plaintiff’s causes of faction such as contract, warranty, tort, or not properly payable
  7. Determine Defendant’s defenses
  8. If defendant is held liable, may defendant pass liability on to another party?
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3
Q

Note

A

Promise to pay

Promise to pay money

Two Party instrument

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4
Q

Parties

A
  1. Maker

2. Payee

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5
Q

Maker

A

asd

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6
Q

Payee

A

asdf

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7
Q

Certificate of Deposit

A

note issued by a financial instrument

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8
Q

Financial Institution

A

asdf

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