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Barry draws a check payable to "Cash" and presents it to Dollars & Sense store for payment. This instrument is​


A) a bearer instrument.
B) an order instrument.
C) valid but nonnegotiable.
D) void.Fact Pattern 14-2 LNG Corporation and Midstates Utility Company enter a contract for a sale of liquefied natural gas by LNG to Midstates.LNG draws a draft unconditionally ordering Midstates Utility to pay $50,000 to LNG's order in sixty days.Midstates Utility signs and dates the draft.

E) None of the above
F) All of the above

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For an instrument to be negotiable, it must be in writing.

A) True
B) False

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An irregularity on the face of an instrument that calls into question its validity will bar HDC status.

A) True
B) False

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Raul wants to transfer a check to Schmidt. The check is defective if it


A) has been previously dishonored.
B) contains handwritten terms.
C) is undated.
D) all of the choices.

E) A) and C)
F) B) and C)

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Fanny signs a note "payable to the order of Guaranty Bank." Guaranty indorses the note in blank and negotiates it to Haji, who sells it to Iona. Liability that may arise from the transfer of the note from Haji to Iona is


A) conceptual.
B) contractual.
C) signature.
D) warranty.

E) A) and B)
F) C) and D)

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A demand instrument is payable immediately after it is issued and for a reasonable period of time thereafter.

A) True
B) False

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To finance the purchase of a house from Tuna, Uri signs an instrument promising to pay to "Verity Mortgage Service" $160,000 with interest in installments with the final payment due July 10, 2045. To be negotiable, this instrument must include the signature of​


A) a non-party witness.
B) Tuna or Tuna's realtor.
C) Uri.
D) Verity's chief financial officer.Fact Pattern 14-1 Erin draws a check payable to "Foodland" to buy groceries.

E) C) and D)
F) B) and C)

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Reliance Collection Agency pays Security Consumer Credit in good faith for a number of unpaid promissory notes. Security warrants that the notes have not been altered. This is​


A) a presentment warranty.
B) a transfer warranty.
C) a signature warranty.
D) a breach of warranty.

E) A) and D)
F) C) and D)

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A person who in good faith acquires a negotiable instrument from a thief cannot become an HDC under any circumstances.

A) True
B) False

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Discharge in bankruptcy is no defense on any instrument regardless of the status of the holder.

A) True
B) False

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An indorser who does not wish to be liable on an instrument can use a qualified indorsement to disclaim this liability.

A) True
B) False

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To be negotiable, an instrument must state with certainty a fixed amount of money.

A) True
B) False

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On the back of an envelope, Phoebe writes, "I promise to pay Quint or bearer $600 on de-mand. [Signed] Phoebe." What type of instrument is this? Is it negotiable? If not, why not?

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This instrument is a promissory note and...

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Brad, the owner of Clear Cut Corporation, signs an instrument that includes the phrase "payment for this note will be made from the proceeds of next year's timber sale." This instrument is


A) not necessarily nonnegotiable.
B) not negotiable, because payment must come from a particular source.
C) not negotiable, because it states an express condition to payment.
D) not negotiable, because the reasons for the note are not clear on its face.Fact Pattern 14-3 Thalia signs an instrument unconditionally promising to pay to "Union Bank" $7500 with interest in installments with the final payment due June 1, 2017.

E) B) and D)
F) B) and C)

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On a sheet of paper, Elle writes, without her signature, "I acknowledge that I owe Frank $600, payable out of the proceeds of the sale of my car, a 1995 Honda Civic, which I promise to advertise 'For Sale' next week. Payment is to be made on or before six months from today." What type of instrument is this? Is it negotiable? If not, why not?

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This instrument is a promissory note, bu...

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An instrument is dishonored when the party to whom the instrument is presented refuses to pay it.

A) True
B) False

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Bernice signs a promissory note for $1,500 in favor of Community College. The note is undated but specifies that it is "payable one month after date." This note is​


A) negotiable.
B) not negotiable, because one month is not a reasonable time.
C) not negotiable, because there is no option to pay early.
D) not negotiable, because the maturity date cannot be determined from the face of the instrument.

E) B) and C)
F) A) and D)

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Idina wants to buy a promissory note from Jill. The note is due on April 1. To become an HDC, Idina must buy the note​


A) before midnight on April 1
B) before noon on April 1.
C) before 8:00 a.m.on April 1
D) within thirty days of April 1.

E) B) and D)
F) A) and B)

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Refer to Fact Pattern 14-3. With respect to this instrument, Union Bank is​


A) the drawee.
B) the indorser.
C) the maker.
D) the payee.

E) A) and B)
F) C) and D)

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GR8 Products, Inc., warrants its goods to be free of defects. Heck issues an instrument to GR8 to obtain goods that prove to be defective. With respect to payment on the instrument, Heck


A) is liable only to a subsequent holder of the instrument.
B) has a universal defense against it.
C) has a personal defense against it.
D) cannot avoid it.

E) B) and C)
F) A) and D)

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