chapter 36: holders in due course and defenses
DESCRIPTION
CHAPTER 36: HOLDERS IN DUE COURSE AND DEFENSES. CHAPTER 36: HOLDERS IN DUE COURSE AND DEFENSES. Learning Objectives: Holder in Due Course Significance Requirements Defenses Personal Real Exceptions to Holder in Due Course Status. HOLDER IN DUE COURSE. - PowerPoint PPT PresentationTRANSCRIPT
CHAPTER 36: HOLDERS IN DUE COURSE AND DEFENSES
Learning Objectives:• Holder in Due Course
Significance Requirements
• Defenses Personal Real
• Exceptions to Holder in Due Course Status
Chapter 36 2
CHAPTER 36: HOLDERS IN DUE COURSE AND DEFENSES
1. Significance of the Designation
2. Requirements:a. Holder must receive value
b. Good faith
c. Transferee does not have notice of infirmities
i. Types of Notice
ii. Before Overdue
d. Holder from a HolderChapter 36 3
HOLDER IN DUE COURSE
1. Personal Defensesa. Significance: Holder in due
course is not subject to personal defenses
b. Examples
Chapter 36 4
DEFENSES
2. Real Defensesa. Significance: Holder in due
course is subject to real defenses
b. Examples
Chapter 36 5
DEFENSES
1. Rationale for Exceptions
2. State Law
3. Federal Lawa. FTC Rule Regarding Consumer
Credit
b. Close Connectedness Doctrine
Chapter 36 6
EXCEPTIONS TO THE HOLDER-IN-DUE COURSE STATUS
CHAPTER 36: HOLDERS IN DUE COURSE AND DEFENSES