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Chapter 22
Business Law
36
Law
Undergraduate 4
10/12/2010

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Term
negotiable instrument
Definition
a special form of contract that satisfies the requirements established by Article 3 of the UCC - commercial paper or instrument
Term
negotiation
Definition
a negotiable instrument is negotiated when it is originally issued
Term
Article 3 of the UCC
Definition
a model code that establisheds rules for the creation of, transfer of, enforcement of, and the liability on negotiable instruments
Term
Revised Article 3
Definition
a comprehensive revision of the UCC law of negotiable instruments that reflects modern commercial practices
Term
draft
Definition
a three-party instrument that is an unconditional written order by one party that orders a second party to pay money to a third party
Term
drawer of the draft
Definition
the party who write an order for a draft
Term
drawee of a draft
Definition
the party who writes an order for a draft
Term
payee of a draft
Definition
the party who receives the money from a draft
Term
time draft
Definition
a draft payable at a designated future date
Term
sight draft
Definition
a draft payable on sight. "Demand draft"
Term
trade acceptance
Definition
a sight draft that arises when credit is extended (by a seller to a buyer) with the sale of goods. the seller is both the drawer and the payee, and the buyer is the drawee.
Term
check
Definition
a distinct form of draft drawn on a bank paper payable on demand
Term
drawer of a check
Definition
person who is writing the check
Term
drawee of a check
Definition
the bank that pays the money
Term
payee of the check
Definition
person who gets the money
Term
promissory note
Definition
two-party negotiable instrument that is an unconditional written promise by one party to pay money to another party
Term
maker of a note
Definition
party who promises to pay - borrower
Term
payee of a note
Definition
party who the promise is made to - lender
Term
time note
Definition
a note payable at a specific time
Term
demand note
Definition
a note payable on demand
Term
collateral
Definition
security against repayment of a note that lenders sometimes require
Term
CD
Definition
two-party negotiable instrument that is agreed upon to pay back at a specific rate of interest
Term
permanency requirement
Definition
a requirement of negotiable instruments that says they must be in a permanent state, such as written on ordinary paper
Term
portability requirement
Definition
a requirement that says they must be able to be transported between areas
Term
signature requirement
Definition
a requirement which states that the negotiable instrument must be signed by the drawer or maker
Term
unconditional promise or order to pay requirement
Definition
negotiable instrument must contain either an unconditional promise to pay (note or CD) or unconditional order to pay (draft or check)
Term
order to pay
Definition
a drawer's unconditional order to a drawee to pay a payee
Term
promise to pay
Definition
a maker's (borrower's) unconditional and affirmative undertaking to repay a debt to a payee (lender)
Term
unconditional
Definition
not conditional or limited. Promises to pay and orders to pay must be unconditional in order for them to be negotiable
Term
fixed amount of money
Definition
a requirement that a negotiable instrument must contain a promise in a fixed amount of money
Term
fixed amount requirement
Definition
a requirement of a negotiable instrument that ensures that the value of the instrument can be determined with certainty
Term
money
Definition
a medium of exchange authorized or adopted by a domestic or foreign government
Term
payable on demand or at a definite time requirement
Definition
a requirement that a negotiable instrument be payable either on demand or at a definite time
Term
demand instrument
Definition
an instrument payable on demand
Term
time instrument
Definition
payable 1) at a fixed date 2) on or before a stated date 3) at a fixed period after sight 4) at a time readily ascertainable when the promise or order is issued
Term
nonnegotiable contract
Definition
a contract that fails to meet the requirements of a negotiable instrument and, therefore, is not subject to the provisions of UCC article 3
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