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, […]
Entries Tagged as 'Article 3'
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
Tags:3-305·Article 3·fraud·HDC·holder·law school·real defenses·UCC
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 […]
Tags:3-305·Article 3·defenses·HDC·holder in due course·law school·UCC
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 […]
Tags:Article 3·HDC·holder·holder in due course·law school·UCC
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 […]
Tags:3-419·3-605·Article 3·guarantee transactions·law school·UCC
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 […]
Payment Systems: Effect of the Instrument on the Underlying Obligation
September 11th, 2017 · Comments Off on Payment Systems: Effect of the Instrument on the Underlying Obligation · All Posts, Lawdibles Audio, Negotiable Instruments
The topic of this podcast, by Professor Jennifer Martin, is the relationship between the liability that parties have on an underlying contractual obligation and an instrument that is taken as payment for the same obligation, including using an instrument to achieve an accord and satisfaction as to a contractual dispute. For example, an individual enters […]
Tags:3-310·3-311·accord and satisfaction·Article 3·law school·negotiable instrument·UCC
Payment Systems: Negotiable Instruments Vocabulary
September 11th, 2017 · Comments Off on Payment Systems: Negotiable Instruments Vocabulary · Lawdibles Audio, Negotiable Instruments
In this podcast Professor Jennifer Martin introduces you to the different basic vocabulary and parties you may see when considering a negotiable instrument under Article 3 of the Uniform Commercial Code. Article 3 is tested on a number of bar examinations. It is always important to correctly identify the transaction and its parties when considering […]
Payment Systems: Fraudulent Signatures, Alterations and Negligence
September 11th, 2017 · Comments Off on Payment Systems: Fraudulent Signatures, Alterations and Negligence · Lawdibles Audio, Negotiable Instruments
In this podcast Professor Jennifer Martin addresses the liability that arises when there is a fraudulent signature on an instrument, as well as the effect of alterations and negligence. These rules are covered in Article 3 of the Uniform Commercial Code, which is tested in a number of states on the bar exam. At the […]
Tags:Article 3·fraudulent signature·law school·liability·UCC
Payment Systems: Employer Responsibility
September 11th, 2017 · Comments Off on Payment Systems: Employer Responsibility · Lawdibles Audio, Negotiable Instruments
In this podcast, Professor Jennifer Martin addresses three situations where employers have responsibility for employee fraud related to instruments: (1) where there is a fraudulent indorsement on an instrument either sent to the employer or issued by the employer; (2) where the employee has fraudulently caused the issuance of instruments by the employer; and (3) […]
Tags:Article 3·checks·employee fraud·indorsement·law school·promissory note·UCC
Payment Systems: Imposters and Fictitious Payees
September 11th, 2017 · Comments Off on Payment Systems: Imposters and Fictitious Payees · Lawdibles Audio, Negotiable Instruments
The topic of this podcast, by Professor Jennifer Martin, is who has responsibility for losses involving imposters and fictitious payees. This topic deals with instruments, typically paper checks and promissory notes. Most individuals don’t use paper checks very often, but checks and promissory notes are still used in many transactions, particularly larger ones. Moreover, financial […]
