Defining a Negotiable Instrument Flashcards

1
Q

What is a negotiable Instrument

Essay Rule Version

A

A signed writing, stating an unconditional promise or order to pay, a fixed amount of money, payable to bearer or order, on demand or at a definite time, without stating any other instructions or undertakings.

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2
Q

Promise

A

Must be payable to order or bearer

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3
Q

Money

A

Must be in government currency

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4
Q

On demand or definite time

A

Payable on demand, or time readily ascertainable on face of instrument.

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5
Q

No extraneous Circumstances

A

Maker or drawer should make no promise in the instrument, other then to pay money.

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6
Q

Negotiation of order and bearer Paper

A

With bearer paper a negotiation takes place when a physical transfer occurs of the instrument. With order paper the negotiation takes place upon physical transfer on the instrument and endorsement of the payee .

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7
Q

Blank & Special endorsements

A

Black endearment becomes bearer paper, special endearment becomes order paper.

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