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Entries Tagged as '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 […]

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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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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 […]

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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 […]

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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 […]

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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) […]

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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 […]

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Payment Systems: Holders

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

In this podcast, Professor Jennifer Martin explains who a holder is, how someone becomes a holder, and why it is important. This topic deals with instruments, typically paper checks and promissory notes. While we might not use instruments frequently, checks and promissory notes are still used in many transactions, particularly larger ones. Moreover, financial fraud remains […]

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Payment Systems: Indorsements

September 7th, 2017 · Comments Off on Payment Systems: Indorsements · Lawdibles Audio, Negotiable Instruments

This podcast by Professor Jennifer Martin explains what an indorsement is, the different types of indorsements and why they can be important.  Indorsements are covered in Article 3 of the Uniform Commercial Code, which is tested by a number of states on the bar examination. At the conclusion of this podcast, you should be able to […]

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Secured Transactions: Priority: Sellers v. Secured Parties

September 6th, 2017 · Comments Off on Secured Transactions: Priority: Sellers v. Secured Parties · Commercial Transactions, Lawdibles Audio, Secured Transactions

The topic of this podcast by Professor Jennifer Martin is which party will prevail in a competition for collateral as between sellers and the creditor with a security interest in the debtor’s assets. While secured parties might expect to prevail with respect to their collateral most of the time, sellers of goods to a debtor […]

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