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The Negligence Rule

Learn about the rules that apply if an affected person’s negligence contributes substantially to a forgery or alteration.

Transcript

In another lesson, we discussed unauthorized signatures and alterations and learned that, generally, neither an unauthorized signature nor an alteration is effective. In this lesson, we’ll see how a party’s negligence might affect this allocation of loss.

I. The Negligence Rule

Under Article 3, if an instrument contains an unauthorized signature or alteration, and the affected party failed to exercise ordinary care, thereby substantially contributing to the forgery or alteration, then the...

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