Parties to the instrument and their potential liablity Flashcards

1
Q

A Maker has

A

Primarily liability, the maker must pay the instrument when it becomes due

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2
Q

A Drawer has

A

Secondary liability. The drawer’s obligation ripens upon presentment and dishonor

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3
Q

A drawee’s liability is not on the instrument itself but to the

A

Drawer who has funds deposited at a bank

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4
Q

Properly Payable Rule

A

The Bank is obligated to honor a check that is properly payable

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5
Q

If a check has an alteration, the bank may charge for the amount authorized,

A

not for the altered amount

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6
Q

A bank may property pay a post dated check

A

Unless the customer gives timely notice of the post dated check

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7
Q

Wrongful Dishonor

A

A customer can sue for damages that are proximately caused by a wrongful dishonor

A customer has a duty to inspect the bank statement and they must exercise reasonable care to discover unauthorized payments resulting for a forged signature

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8
Q

Stop payment

A

An oral stop payment is valid for 14 days, written stop payment is valid for 6 months

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9
Q

Indorsers liability

A

An indorsers liability ripens when
1) The note is dishonored; and
2) The indorser receives notice of the dishonor

(be aware of indorsements that state “without recourse” which disclaims the endorsers liability

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