Chapter 17 - Holders in due course, defenses, and liabilities. After completing this chapter, students will be able to: State the characteristics of being a holder in due course, describe the special protection given to a holder in due course, define holder, explain the protection given to a holder through a holder in due course,...
Business Law with UCC Applications,13e Holders in Due Course, Defenses, and Liabilities Chapter 17 McGrawHill/Irwin Copyright © 2013 by The McGrawHill Companies, Inc. All rights reserved Learning Objectives State the characteristics of being a holder in due course Describe the special protection given to a holder in due course Define holder Explain the protection given to a holder through a holder in due course Name six personal defenses 172 Learning Objectives (cont.) Discuss the protection given to people who sign consumer credit contracts Name six real defenses and explain the significance of a real defense Explain primary liability Explain secondary liability 10.Describe the conditions that must be met to hold a secondary party liable 173 Holders in Due Course, Defenses, and Liabilities • Holder in Due Course – The Elements of a Holder in Due Course – Holder Through a Holder in Due Course 174 Holders in Due Course, Defenses, and Liabilities • Personal Defenses – Breach of Contract – Lack or Failure of Consideration – Fraud in the Inducement – Lack of Delivery, Payment, and Consumer Protection 175 Holders in Due Course, Defenses, and Liabilities • Real Defenses – Infancy and Mental Incompetence – Illegality and Duress – Fraud as to the Essential Nature of the Transaction – Bankruptcy, Unauthorized Signatures, and Alteration 176 Holders in Due Course, Defenses, and Liabilities • Liability of the Parties – Makers, Acceptors, and Certain Drawers – Other Drawers and Indorsers 177 Holders in Due Course, Defenses, and Liabilities • Other Drawers and Indorsers – Presentment – Dishonor – Notice of dishonor 178 ... secondary party liable 17? ?3 Holders in Due Course, Defenses, and Liabilities • Holder in Due Course – The Elements of a Holder in Due Course – Holder Through a Holder in Due Course 17? ?4 Holders in Due... Signatures, and Alteration 17? ?6 Holders in Due Course, Defenses, and Liabilities • Liability of the Parties – Makers, Acceptors, and Certain Drawers – Other Drawers and Indorsers 17? ?7 Holders in Due... of Consideration – Fraud in the Inducement – Lack of Delivery, Payment, and Consumer Protection 17? ?5 Holders in Due Course, Defenses, and Liabilities • Real Defenses – Infancy and Mental Incompetence