Commercial Paper Flashcards
1
Q
Basic Idea of Commercial Paper
A
- Person with the instrument wants to get paid.
- Person obligated on instrument does not want to pay.
- Person who paid the instrument now wants to recover the money from the person paid or someone else.
2
Q
Approach
A
- Identify type of paper (representation of money)
- Identify parties
- Determine if instrument is negotiable
- Determine if instrument was properly negotiated
- Determine if transferee is a Holder in Due Clourse
- Determine plaintiff’s causes of faction such as contract, warranty, tort, or not properly payable
- Determine Defendant’s defenses
- If defendant is held liable, may defendant pass liability on to another party?
3
Q
Note
A
Promise to pay
Promise to pay money
Two Party instrument
4
Q
Parties
A
- Maker
2. Payee
5
Q
Maker
A
asd
6
Q
Payee
A
asdf
7
Q
Certificate of Deposit
A
note issued by a financial instrument
8
Q
Financial Institution
A
asdf