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Entries Tagged as 'UCC'

Discussions in Contracts: Overview and Sources of Contract Law

December 8th, 2017 · Comments Off on Discussions in Contracts: Overview and Sources of Contract Law · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer Martin is the identification of the elements of a claim for breach of contract and the primary sources of contract law. From a legal perspective, the word contract refers to a promise or set of promises for which the law gives a remedy. The primary sources of contract […]

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Discussions in Contracts: Statute of Frauds under UCC § 2-201

November 21st, 2017 · Comments Off on Discussions in Contracts: Statute of Frauds under UCC § 2-201 · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer Martin is the basic concepts related Article 2’s statute of frauds. More particularly, we will look at when a contract is governed by § 2-201, the exceptions to the writing requirement of § 2-201, and what type of writing when required is satisfactory. Section 2-201 only applies when […]

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Discussions in Contracts: Option Contracts and Firm Offers

November 2nd, 2017 · Comments Off on Discussions in Contracts: Option Contracts and Firm Offers · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer Martin is how to determine whether the offeror can terminate the offer or whether the offer is irrevocable. Recall that a contract is a promise or set of promises which the law enforces. Ordinarily, the manifestation of mutual assent takes place by virtue of an offer by the […]

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Payment Systems: Liability of the Parties on a Negotiable Instrument

September 11th, 2017 · Comments Off on Payment Systems: Liability of the Parties on a Negotiable Instrument · Lawdibles Audio, Negotiable Instruments

This podcast by Professor Jennifer Martin discusses the basics of who is liable on a negotiable instrument and to whom. Why is this important? Oftentimes an examination question will simply ask who’s liable. It is important to use the correct legal terminology when describing responsible parties and claims and to organize claims either by responsible […]

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Payment Systems: Who Can Enforce a Negotiable Instrument

September 11th, 2017 · Comments Off on Payment Systems: Who Can Enforce a Negotiable Instrument · Lawdibles Audio, Negotiable Instruments

In this podcast Professor Jennifer Martin explains who has the right to enforce a negotiable instrument. The podcast will also discuss enforcement of lost, destroyed, or stolen instruments. Correct terminology is important and this podcast covers terms such as holder, negotiation, person entitled to enforce (PETE), presentment, and dishonor. At the conclusion of this podcast, […]

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Payment Systems: Being a Holder in Due Course: Real Defenses

September 11th, 2017 · Comments Off on Payment Systems: Being a Holder in Due Course: Real Defenses · Lawdibles Audio, Negotiable Instruments

In this podcast Professor Jennifer Martin discusses the real defenses that can be asserted by an obligor against a holder in due course seeking payment on an instrument. As holder in due course doctrine arises under Article 3 of the Uniform Commercial Code, this topic deals with instruments, typically paper checks and promissory notes. Importantly, […]

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Payment Systems: Being a Holder in Due Course: Personal Defenses

September 11th, 2017 · Comments Off on Payment Systems: Being a Holder in Due Course: Personal Defenses · Lawdibles Audio, Negotiable Instruments

In this podcast Professor Jennifer Martin will introduce you to the protection afforded a holder in due course from defenses to payment arising from personal defenses. As holder in due course doctrine arises under Article 3 of the Uniform Commercial Code, this topic deals with instruments, typically paper checks and promissory notes. Importantly, holders in due […]

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Payment Systems: Who is a Holder in Due Course

September 11th, 2017 · Comments Off on Payment Systems: Who is a Holder in Due Course · Lawdibles Audio, Negotiable Instruments

The topic of this podcast by Professor Jennifer Martin is who is a holder in due course, how someone becomes a holder in due course, and why it’s important. This podcast will explain the distinction between the process of becoming a holder and a holder in due course. Like other podcasts in the Payment Systems […]

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Payment Systems: Instruments Signed for Accommodation

September 11th, 2017 · Comments Off on Payment Systems: Instruments Signed for Accommodation · Lawdibles Audio, Negotiable Instruments

The topic of this podcast by Professor Jennifer Martin is the obligations and rights of accommodation parties and accommodated parties under Article 3 of the Uniform Commercial Code (U.C.C.), including issues that arise with respect to the settlement of the obligation of the primary obligor. Guarantee transactions present themselves frequently in practice and, because issues […]

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Payment Systems: Fiduciary Duty and Liability of Representatives

September 11th, 2017 · Comments Off on Payment Systems: Fiduciary Duty and Liability of Representatives · Lawdibles Audio, Negotiable Instruments

The topic of this podcast by Professor Jennifer Martin is: (1) when a person that takes an instrument from a fiduciary has notice of the breach of fiduciary duty; and (2) when a representative is bound individually on an instrument. This podcast covers the rules of §§ 3-307 and 3-402. These topics are often covered […]

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