unauthorized signatures and alterations Flashcards
imposter situation
drawer takes the loss
any person’s indorsement = effective
fictitious payee
person whose intent determines where an instrument is payable creates a fake payee
unintended payee
person whose intent determines where instrument is payable creates an unintended payee
result of unintended payee or fictitious payee
anyone in possession = holder
indorsement by anyone = indorsement
loss on employer
what if an employee is entrusted with check writing privileges forges an instrument?
loss on employer
negligence contributing to forgery or alteration
failure to exercise ordinary care
failure substantially contributed to loss
what is an alteration
unauthorized modification altering party’s obligation
what is the result of an alteration?
obligor discharged of duty
what if bank pays an altered instrument?
they may enforce the OG terms
incomplete instrument
contents show signor intended instument to be completed
when is an incomplete instrument enforceable
authorized