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Imposters and Fictitious or Unintended Payees

Learn about the imposter rule as well as the rules governing what happens when the identified payee is not intended to have in interest in the instrument or does not exist.

Transcript

Negotiable instruments are often subject to fraudulent acts. Generally, the loss for a forged or altered instrument falls on the first party to take the instrument. However, sometimes, an instrument’s drawer or maker is in the best position to prevent such fraudulent acts. In these instances, Article 3 deems it fair to place the risk of loss on the drawer or maker.

I. Imposter Rule

The first situation addressed by Article 3 involves imposters. Imagine a law student wanted to subscribe to...

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
  • Key Terms I
  • Key Terms II
  • Becoming a Holder
  • Negotiation
  • Indorsement
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