Play video

Rule against Additional Terms

Learn about the rule that, for an instrument to be negotiable, it generally must contain no instruction or undertaking by the person ordering or promising payment except a promise or order to pay money.

Transcript

In this lesson, we’ll explore the fourth and final negotiability requirement – the rule against additional terms.

I. Rule against Additional Terms

Imagine a winery borrowed $2 million from a bank to build a new wedding venue on its property. The winery executed a promissory note promising to repay the $2 million to the bank by a specified time. The note also contained a clause requiring the winery to maintain a particular minimum working capital – that is, a minimum ratio of current liquid...

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