Personal vs Real Defenses.docx

Personal vs Real Defenses.docx - Personal vs Real Defenses...

Info icon This preview shows pages 1–2. Sign up to view the full content.

Personal vs Real Defenses Personal Defenses = Limited Defenses Real Defenses = Universal Defenses HDC will win against personal defenses HDC will lose against real defenses A. Personal Defense List a. Ordinary Breach of K i. Sheehan giving Joe rooder a check and not receiving satisfactory work. b. Fraud in the Endorsement i. Fraudulent statement is made that induces drawer to write a check. 1. Car salesman uses dealer puffery to get you to buy a car. It breaks down 3 miles away from the dealership. The salesman has already endorsed the check over to his friend. That friend still must be paid. b. Conditional Delivery i. Payee not using check for intended purpose is not a viable defense. b. Unauthorized Completion c. Theft of a bearer instrument i. If drawer makes the check bearer paper then the HDC still applies. B. Real Defense List a. Forgery i. Joe Roofer forges JWS check and gives it to Larry. Cannot hold JWS liable for the money.
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 2
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '08
  • R
  • Business Law, Promissory note, Negotiable instrument, real defenses, vs Real Defenses

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern