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Dishonor of Negotiable Instruments

Learn about the rules governing whether and when a note or draft is deemed dishonored, the rules on notice of dishonor, and whether notice might be excused.

Transcript

Generally speaking, dishonor refers to the refusal or failure to pay or accept an instrument. Under Article 3, various rights and duties are triggered upon dishonor. Thus, it’s crucial to understand when an instrument is deemed dishonored.

I. Dishonor of a Note

The timing of a note’s dishonor depends on whether the note is payable on demand.

Imagine a law student purchased a year’s supply of pizza and executed a promissory note stating: “Law student promises to pay to the order of Pizzeria...

Lessons

1. Welcome
  • Welcome to Payment Systems
2. Negotiability
  • Introduction to Negotiable Instruments
  • Negotiability Requirements I
  • Negotiability Requirements II
  • Rule against Additional Terms
3. Key Terms in Article 3
4. Enforcement of Negotiable Instruments
  • Holder in Due Course: Value and Good Faith
  • Holder in Due Course: Without Notice
  • Close-Connectedness Doctrine and Shelter Rule
  • Defenses against Enforcement
5. Liability on Negotiable Instruments
  • Obligations of the Parties
  • Instruments Taken for an Obligation
  • Accord and Satisfaction Using a Negotiable Instrument
  • Enforcement of Lost, Stolen, or Destroyed Instruments
  • Warranty Liability
6. Dishonor, Payment, and Discharge
  • Dishonor of Negotiable Instruments
  • Payment of Negotiable Instruments
  • Discharge of Liability
7. Misconduct and Mistake
  • Unauthorized Signatures and Alterations
  • The Negligence Rule
  • Imposters and Fictitious or Unintended Payees
  • Conversion of a Negotiable Instrument
8. Bank Deposits and Collections
  • Introduction to Article 4
  • Collection: Depositary and Collecting Banks
  • Collection: Payor Banks
  • Payor Bank’s Relationship to Its Customers