Transactions Chapter 24

qualifications for holder in due course

takes instrument....1. for value2. in good faith3. without notice instrument is overdue, dishonored, forged/altered

executory promise for value?

no, but is enough consideration for a K

instrument given by gift HDC?

no

security interest value?

yes

writing off an anteceding debt value?

yes

giving a negotiable instrument for another negotiable instrument value?

yes

giving an irrevocable commitment as payment value?

yes

shelter/umbrella rule

any transferee of an instrument from or after a HDC acquires the rights of a HDC and may enforce the instrument free of claims and personal defenses

a. ANY TRANSFEREE or HOLDER taking after HDC, but a previous transferee/holder prior to HDC who takes afterwards....

cannot fall under shelter/umbrella.

rights of HDC

takes free of all claims

claims

previous holders/transferees but not maker/drawer

6 Real (universal) Defenses valid against

ALL holders, HDC's and those protected by shelter

personal defenses valid against

holders BUT NOT HDCs and/or those protected by shelter

6 real (universal) defenses-- list

1. forgery2. material alteration3. bankruptcy discharge 4. minor (if K voidable) 5. fraud in execution (rea fraud) 6. illegality, incapacity, duress

personal defenses

anything not real defenses

forgery

signing the maker or drawers name but not them

material alteration

unauthorized change that materially alters an instrument (changing check from 20 to 2000)

bankruptcy discharge

if your debts were discharged in bankruptcy

minor

(can be real or personal) underage, normally 16; look at state law to see what state law says about minor making that contract, if state law says this contract is voidable then it is a real defense ONLY VOIDABLE NOT VOID

illegality, incapacity, duress

must look at state law and see what law does in that situation; only real defenses if the contract is rendered void under state law ONLY VOID

fraud in execution

(real fraud) you don't know what you're doing, lying about the very thing you're getting yourself into (sell baseball bat claiming owned by Babe Ruth, isn't)

fraud in the inducement

(ordinary fraud) know what it is you're doing but I lied to you to get you to do it, "it's a contract but oh well it doesn't matter you can kinda ignore it