Exam 23: Holder in Due Course and Transferability

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Where the name of the payee is misspelled, the indorsement becomes invalid.

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False

Indorsements are required to negotiate bearer papers.

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False

An indorsement that purports to prohibit further negotiation of an instrument does not destroy the negotiability.

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True

What is the difference between a holder and holder in due course?

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Negotiable instruments are used as a substitute for money.

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A specially qualified indorsement can only be negotiated by indorsement and delivery.

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Which of the following qualification renders a person as a holder in due course of a negotiable instrument?

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What are qualified indorsements?

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Which of the following would constitute the creation of an assignment?

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Give an account of how an indorsement is made.

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Which of the following makes negotiable instruments transferable to a third party?

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The allonge must be affixed to the instrument to be valid.

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Which of the following is true about an unqualified indorsement?

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Explain the no evidence of forgery, alteration, or irregularity requirement for an HDC under the UCC.

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Lisa buys a used car from Kelly.She pays 10 percent down of the cost and signs a negotiable promissory note, promising to pay Kelly the remainder of the purchase price, with interest, in 12 equal monthly installments.At the time of sale, Kelly materially misrepresented the mileage of the automobile.Later, Kelly negotiates the note to Frances, who has no notice of the misrepresentation.Frances, an HDC, negotiates the note to Zoe, who is not an HDC.Which of the following is Zoe in regards to the indorsement?

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The holder of a negotiable instrument has the same rights as the holder of an ordinary nonnegotiable contract.

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The ________ is a doctrine that says a holder who does not qualify as a holder in due course in his or her own right becomes a holder in due course if he or she acquires an instrument through a holder in due course.

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An indorsement that contains the signature of the indorser and specifies the person to whom the indorser intends the instrument to be payable is known as a(n)________.

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To qualify as an HDC, a person must be the holder of a negotiable instrument that was taken for value.

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If an instrument is payable to multiple persons using the word "and, " then the instrument ________.

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