Exam 19: Negotiable Instruments

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Explain the purposes of endorsement.

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An endorsement is a means to carrying out the following purposes: transferring title to an instrument that is payable to order;giving increased security to the payee or subsequent holder;identifying the party who is entitled to payment;and acknowledging partial payment.

The difference between a cheque and draft is that

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Tina gave Zach a cheque for $1000 to pay for a TV.Zach took the cheque to Cash Mart,he endorsed it,and Cash Mart paid him $950.Cash Mart is a holder in due course of a negotiable instrument.

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Liability of the drawer,acceptor,or maker on a bill of exchange is dependent on

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On the death of a maker or acceptor of a bill of exchange,her or his liability passes to her or his personal representatives.

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Certification is an undertaking by the bank to pay the amount of the cheque to the drawer when it is presented for payment.

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Explain the effect of certification of a cheque.

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Which of the following defences is available to the drawer of a cheque who is being sued by a holder in due course of a negotiable instrument?

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Sight drafts can be used as collection devices.

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The two classes of negotiable instruments are

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Presentment of a bill is necessary where the bill of exchange is payable at sight,or after sight,because there is the need to determine the time at which payment is due.

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What is a time draft?

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A minor who makes a cheque payable to a holder is always liable to the holder.

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Delivery of a bill may be actual or constructive.

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Where a bill of exchange is payable at sight,or after sight,presentment is necessary.

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Negotiable instruments began as a form of bill of exchange.

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Explain why putting a stop payment on a cheque may not be binding on a bank.

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Negotiable instruments are different from other contracts.Explain this difference.

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Explain the difference between a bearer instrument and an order instrument.

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Jack provides James with a cheque in payment for the delivery of goods.Later,when Jack checks the goods,he realizes that James has delivered the wrong goods.Jack wishes to cancel the cheque.Jack may go to the bank and request a

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