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Shira purchased a refrigerator from ABC Appliance store for $800.She takes the refrigerator home and discovers that it is defective.She calls ABC Appliance store and tells them that she would like to return the refrigerator.ABC Appliance store tells her that they have assigned the promissory note she provided the store in order to purchase the refrigerator to a finance company and that the finance company,as a holder in due course,is not subject to defenses.Which of the following is true regarding the rights of parties?


A) The finance company is subject to the defenses of Shira because of the Federal Trade Commission rule created to protect consumers.
B) Shira can assert her defenses against the finance company only if she can prove that the finance company had knowledge that ABC Appliance store sold defective equipment from time to time.
C) ABC Appliance store is correct in that Shira cannot assert her defenses against the finance company.
D) Shira can assert her defenses against the finance company only if she agrees to arbitrate the dispute.
E) Shira can assert her defenses against the finance company only because she gave notice of the problem within 5 days of the sale.

F) B) and D)
G) C) and E)

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Which of the following is an instrument payable to cash or whoever is in possession of the instrument?


A) An order instrument.
B) A delivery instrument.
C) A transfer instrument.
D) A bearer instrument.
E) An acknowledgement instrument.

F) A) and C)
G) All of the above

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Which of the following does not prevent a holder from being a holder in due course?


A) Notice that the instrument has been dishonored.
B) Notice that the instrument was issued as part of a series that is in default.
C) Notice that the instrument has been altered or contains an unauthorized signature.
D) Notice that an employee other than the treasurer of a company signed an instrument.
E) Notice that the instrument is overdue.

F) A) and D)
G) A) and E)

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An endorsement that is followed by a statement that restricts payment,and can be used as a defense for the endorser against the endorsee,is which of the following?


A) Special unqualified endorsement.
B) Special qualified endorsement.
C) Trust endorsement.
D) Endorsement that prohibits further endorsement.
E) Conditional endorsement.

F) A) and B)
G) B) and C)

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Which of the following words are necessary for an endorsement to be considered qualified?


A) Addition of the words,"trust endorsement."
B) Addition of the words,"restricted endorsement."
C) Addition of the words,"special endorsement."
D) Addition of the words,"without recourse."
E) Addition of the words,"conditional entrustment."

F) A) and E)
G) A) and D)

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Was the check properly delivered to Brad?


A) Yes,because both Brad and the bank are considered holders in due course.
B) Yes,because it was bearer paper,delivery occurred whenever possession was taken.
C) No,because he was not intended to receive it.
D) Yes,because it was order paper,delivery occurred whenever possession was taken.
E) Yes,but only because it was thereafter presented to the bank and cashed.

F) C) and D)
G) A) and D)

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The transferability of an instrument may be limited by a restrictive endorsement.

A) True
B) False

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Set forth the requirements a party must meet in order to be considered a holder in due course.

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In order to be consi...

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The statement,"Pay to Constance only," with the endorser's signature is an example of which of the following types of endorsements?


A) Trust endorsement.
B) Endorsement to prohibit further endorsement.
C) Conditional bearer endorsement.
D) Conditional endorsement.
E) Bearer endorsement.

F) B) and D)
G) D) and E)

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List the five conditions under which a holder may take an instrument for value.

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A holder may take an instrument for valu...

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Which of the following types of endorsements attempt to either limit the transferability of the instrument or control the manner of payment under the instrument?


A) Special qualified.
B) Blank qualified.
C) Trust.
D) Conditional.
E) Restrictive.

F) B) and C)
G) None of the above

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Negotiability can be destroyed by a conditional endorsement.

A) True
B) False

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Once an instrument is negotiable,it remains negotiable.

A) True
B) False

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An) ________ endorsement is the endorser's signature along with a named endorsee.


A) Specific
B) Special
C) Qualified
D) Blank
E) Allonge

F) B) and E)
G) C) and D)

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What is the effect of the designation,"Hiro Murakami,without recourse?"


A) It has no effect on anyone,including,but not limited to,any subsequent holder.
B) It has no effect on any subsequent holder.
C) It means that Hiro Murakami does not provide any guarantees to subsequent holders if the instrument is later dishonored.
D) It means that Hiro Murakami is providing that neither he nor the person who transferred the instrument to him can be held further liable to any subsequent holder.
E) It means that Hiro Murakami is providing that any subsequent holder cannot be held liable.

F) A) and D)
G) A) and C)

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At any date after the expressed due date on a time instrument,the instrument becomes overdue.

A) True
B) False

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A transaction involving a promissory note is a legitimate documentary transaction in Russia.

A) True
B) False

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Under rules created by the FTC in the 1970s:


A) Finance companies may avoid a debtor's claims and defenses if they can prove they and the transferor company were not closely connected and they had no knowledge of the seller's promises.
B) Finance companies that have purchased negotiable installment notes from a seller are subject to the same claims and defenses that a debtor could assert against the seller,and do not have the rights of an HDC.
C) A subsequent holder who knows a check was dishonored when he purchased it may not receive payment under the Shelter Principle.
D) A subsequent holder may not receive payment on a check that was dishonored even if he was not aware it was dishonored when he purchased it.
E) Finance companies that have purchased negotiable installment notes from a seller are not subject to the claims and defenses that a debtor could assert against the seller,and therefore have all the rights of an HDC.

F) A) and C)
G) None of the above

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Kostas is sending his brother-in-law and agent,Ben,who he does not particularly trust,to deposit a check belonging to Kostas into Kostas's business bank account.What is the best way for Kostas to endorse the check to attempt to limit any misappropriation?

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Kostas should sign the back of...

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Which kind of endorsement places a condition on payment?


A) Trust endorsement.
B) Conditional endorsement.
C) Endorsement to prohibit further endorsement.
D) Conditional bearer endorsement.
E) Bearer endorsement.

F) None of the above
G) A) and D)

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