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Chapter 23
Business Law
31
Law
Undergraduate 4
10/12/2010

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Term
assignment
Definition
the transfer of rights under a contract
Term
assignor
Definition
a transferor in an assignment situation
Term
assignee
Definition
a transferee in an assignment situation
Term
negotiation
Definition
the transfer of a negotiable instrument by a person other than the issuer to person who thereby becomes a holder
Term
order paper
Definition
an instrument that is negotiated by 1) deliver and 2) indorsement
Term
order paper
Definition
an instrument that is negotiated by 1) deliver and 2) indorsement
Term
bearer paper
Definition
an instrument that is negotiated by delivery; indorsement is not necessary
Term
indorsement
Definition
the signature written by or on behalf of the holder somewhere on the instrument
Term
indorser
Definition
a person who indorses a negotiable instrument
Term
indorsee
Definition
a person to whom a negotiable instrument is indorsed
Term
allonge
Definition
a separate piece of paper attached to an instrument on which an indorsement is written
Term
blank indorsement
Definition
an indorsement that does not specify a particular indorsee -- creates bearer paper
Term
special indorsement
Definition
an indorsement that contains the signature of the indorser and specifies the person (indorsee) to whome the indorser intends the instrument to be payable -- creates order paper
Term
unqualified indorsement
Definition
an indorsement whereby the indorser promises to pay the holder or any subsequent indorser the amount of the instrument if the maker, drawer, or acceptor defaults on it
Term
unqualified indorser
Definition
an indorser who signs an unqualified indorsement to an instrument
Term
qualified indorsement
Definition
an indorsement that includes the netation "without recourse" or similar language that disclaims liability of the indorser
Term
qualified indorser
Definition
an indorser who sign sa qualified indorsement to an instrument
Term
nonrestrictive indosement
Definition
an indorsement that has no instructions or conditions attached to the payment of the funds
Term
restrictive indorsement
Definition
an indorsement that contains some sort of instruction from the indorser
Term
indorsement for deposit or collection
Definition
an indorsement that makes the indorsee that indorser's collecting agent
Term
holder
Definition
a person who is in possession of a negotiable instrument that is drawn, issues or indorsed to him or his order, or to bearer, or in blank
Term
holder in due course
Definition
a holder who takes a negotiable instrument for value, in good faith, and without notice that it is defective or overdue
Term
taking for value requirement
Definition
a requirement that says a holder must give value for a negotiable instrument in order to qualify as an HDC
Term
taking in good faith requirement
Definition
a requirement that says a holder must take the instrument in good faith in order to qualify as an HDC
Term
good faith
Definition
honesty in fact in the conduct or transaction concerned. The good faith test is subjective.
Term
taking without notice of defect requirement
Definition
a requirement that says a person cannot qualify as an HDC if he or she has notice that the instrument is defective in certain ways
Term
time instrument
Definition
an instrument that specifies a definite date for payment of the instrument
Term
demand instrument
Definition
an instrument payable on demand
Term
dishonored instrument
Definition
an instrument that is presented for payment and payment is refused
Term
red light doctrine
Definition
a doctrine that says a holder cannot qualify as a HDC if he or she has notice of an unauthorized signature or an alteration of the instrument or any adverse claim against or defense to its payment
Term
no evidence of forgery, alteration, or irregularity requirement
Definition
a requirement that says a holder cannot become a HDC to an instrument that is apparently forged or altered or is so otherwise irregular or incomplete as to call into question its authenticity
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