Exam 26: Form and Content

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Joel's car broke down on a dark, rainy night. Along came Andy in his four-wheel drive truck with tools and supplies in the back. Joel didn't have any credit cards and had only $3.25 cash, so Andy told him to write a check or an IOU. Neither Andy nor Joel had any paper, so Joel wrote on the cover of Andy's lunchbox: "If my car is fixed right by Andy Walcott, I will pay him $150. (Signed) Joel Boyd." Andy indorses the note and takes it to a commercial factor for negotiation. The factor refuses, saying it is non-negotiable because:

(Multiple Choice)
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A check is a draft payable on demand.

(True/False)
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A maker must sign in the lower, right-hand corner of the instrument.

(True/False)
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To be negotiable, the instrument must satisfy all except which one of the following requirements?

(Multiple Choice)
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An "I.O.U." is not considered a negotiable instrument.

(True/False)
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Which of the following would NOT be negotiable? Explain. a. A check with the name of the payee omitted. b. A draft for 3,000 bushels of corn. c. A check written in pencil on a paper towel. d. A note stating that it is secured by a mortgage on a specified parcel of land. e. A note stating "IOU fifty dollars."

(Essay)
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Which article of the UCC deals with "negotiable instruments"?

(Multiple Choice)
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Which of the following is correct with respect to negotiability?

(Multiple Choice)
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A written and signed promise by Miller to Baker to deliver 1,000 pounds of flour in 30 days is an example of a negotiable instrument.

(True/False)
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A form of time draft known as a trade acceptance is used as a credit device in commercial transactions.

(True/False)
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A certificate of deposit differs from a promissory note in that, with a certificate of deposit:

(Multiple Choice)
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Identify the parties to checks and notes.

(Essay)
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Which of the following is not true?

(Multiple Choice)
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To be negotiable, an instrument must be in writing.

(True/False)
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Bearer paper is negotiable.

(True/False)
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Which of the following would be a bearer instrument?

(Multiple Choice)
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Under the law of assignments, the assignee stands in the shoes of the assignor.

(True/False)
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All but which of the following is required of a negotiable instrument?

(Multiple Choice)
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An instrument payable at a fixed time subject to acceleration by the holder is not negotiable.

(True/False)
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What are the requirements of negotiability under the Code? List and briefly summarize them.

(Essay)
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