Essay Elements - Mixed

Question 1

Product Liability Elements

Answer 1

(i) Def sells product that plaintiff uses; (ii) def is commercial seller of product; (iii) plaintiff suffers injury; (iv) when sold, item was defective; (v) defect was actual and proximate cause.

Question 2

Proximate Cause

Answer 2

Reasonably foreseeable cause.

Question 3

Negotiable Instrument Elements

Answer 3

(i) in writing signed by maker or drawer; (ii) containing an unconditional promise or order; (iii) to pay a fixed amount of money; (iv) to order or bearer; (v) payable on demand or at a definite time; (v) and contain no additional promises/undertakings.

Question 4

Presentment Warranty

Answer 4

Made by any person who obtains payment or acceptance and by any prior transfer.

Question 5

N. I. Endorsement - Multiple Parties

Answer 5

Needs to be signed by all parties; Same for transfer

Question 6

N.I. Holder in Due Course Protections

Answer 6

HDC is safe if takes for full value and without notice of any potential problems. Partial payment/performance won’t fly.

Question 7

Secured Transaction Attachment Eles

Answer 7

(i) secured party gives value; (ii) debtor has rights to collateral; (iii) debtor must authenticate security agreement that describes collateral or sec party must have control over collat.

Question 8

Comm Speech Eles

Answer 8

False misleading; substantial interest; must directly advance; not more extensive than necessary.

Question 9

Promissory Note duplicates

Answer 9

Not allowed in Florida without valid explanation