What does it mean to have primary liability on a negotiable instrument? -As soon as a party signs the instrument as a maker or accepts the instrument as a drawee, they are the first to become liable for payment. -Primary liability means that a holder in due course can collect from any party who signed the instrument.
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- State whether the following agreements or contracts are void, voidable valid, and provide a reason for your answer. Q.2.4 Amy, who is 17, has inherited an apartment in Cape Town from her deceased father. The apartment is valued at R2 million. With her mother’s assistance, Amy enters into an agreement to sell the apartment to her aunt. Q.2.5 Justin, who is mentally ill, concludes a contract for the sale of his laptop without his curator knowing.Pick the right option What is the term the Uniform Commercial Code (UCC) gives to a person who seeks to enforce a negotiable instrument that is lost, stolen, or destroyed? -Beneficiary -Non-holderThe following are exceptions to the general rule that only persons who sign the negotiable instrument are liable thereon, except: a. Agent who fails to disclose his principal b. Written promise to accept a bill before it is drawn c. Acceptance of a bill on a separate paper d. Persons signing under a trade name
- Wong engages Chen as his agent to sell his house. Wong's brother tells Chen that Wong will sell the house for $500.000. A purchaser offers to buy the house for $510.000. Chen tells the purchaser, I can accept that offer on behalf of my client The purchaser obtains a bank loan to buy the house. When Wong finds out what Chen has done he is furious and refuses to accept the proposed sale agreement. Which of the following statements is true: (A) Wong is bound to sell the house to the purchaser for $510,000. (B) Wong is not bound by Chen's acceptance' because he did not authorize Chen to make any sale agreement on his behalf. (C) Wong's brother authorized Chen to accept the offer and therefore Wong is bound to sell the house to the purchaser for $510,000. (D) Chen is entitled to apply to the court for an order of specific performance compelling Wong to complete the contractWhich one of the following is a term that is implied by statute? Select one: a. A term required to make the contract between the parties effective b. A term that goods must be of merchantable quality c. Good faith d. A term implied on the basis of past dealings between the partiesGive five (5) examples of instruments which may be reformed. (b) In the above examples, who are the parties who can bring the action for reformation of the instrument?
- In which type of Contract is there a "lack of meeting of the minds?" a) Bilateral b) Unilateral c) Fraudulent d) Oral 2. Generally where a unilateral mistake is made in a Contract, the Contract will still be enforced, except where the non-mistaken party was aware of the mistake. a) True b) False 3. A home builder misjudges the cost of the windows to be installed in the house. This is: a) Bilateral mistake leading to rescission. b) Unilateral mistake which can be corrected. c) A mathematical mistake which is correctable. d) An error of judgment, not correctable. 4. "Sign or I'll kill you" is an example of: a) Undue Influence b) Misrepresentation c) Duress d) either a or b 5. An attorney who over a period of time convinces an elderly widow to deed…Iqbal and Syafidie have been friends since they studied in UniMAP together. Nowthey are in the business of providing IT services to their clients. Syafidie tried to secure an ITtender from Penang Port Sdn Bhd worth RM300,000 and seek Iqbal assistance. Iqbal thenprovided consultancy work to Syafidie in his business. When Syafidie asked Iqbal if he owedIqbal anything for his services, Iqbal said: “My fee is RM20,000 but until you get that bigcontract, I know you cannot afford that. Perhaps we should just wait and see what happens?”Syafidie wanted to give Iqbal something now. Iqbal thought about it and said that if Syafidiepaid university fees of RM9,000 for his nephew, Aslam, he would not look for any morefrom him as regards the balance. Syafidie agreed that he would pay Aslam’s fees. The nextday Syafidie contacted Aslam explaining what had been agreed. Aslam was delighted andgave him all the relevant details about his account. One week later, Iqbal phoned Syafidieasking if he had paid…Current City (CC) is a retail seller of television sets. CC sells Dhani a $3,000 large-screen, high-definition, LED set on a retail installment security agreement in which he pays $100 down and agrees to pay the balance in equal installments. CC retains a security interest in the set, and perfects that interest by filing a financing statement centrally. Two months later, Dhani is in default on the payments to CC and is involuntarily petitioned into bankruptcy by other creditors. Discuss CC’s right to repossess the TV set. Note:- Do not provide handwritten solution. Maintain accuracy and quality in your answer. Take care of plagiarism. Answer completely. You will get up vote for sure.
- If a minor purchase a $150.00 pair of designer blue jeans the merchant may be unable to enforce this contract because: a) the jeans were a necessity. b) clothes are a statutory contract. c) designer jeans are a luxury. d) only emancipated minors wear jeans. 2. An adult who intentionally drinks so much liquor as to have their judgment impaired will a) easily defeat a contract they entered in to while drunk b) have no chance of winning under any circumstances. c) probably lose, voluntary intoxication is usually a poor defense. 3. Which of the following must a person possess to have contractual capacity? a) Comprehend the nature of the Contract b) Comprehend the purpose of the Contract c) Comprehend the consequences of the Contract d) All of the above are requiredCase: Ahmed, who was admitted to a hospital, was required to undergo surgery. Before his operation, he agreed to sell his house which was already listed for sale, to his doctor for Rs. 9.7 million. The market price of the house was Rs. 10 Million. After a successful operation, Ahmed rescinded the agreement alleging “Undue Influence” by the doctor. Can he succeed? Yes or No? Justify your answer keeping in view the ingredients of undue influence as laid down in Contract Act, 1872.Jeremy Cobb submitted an apartment rental application to Common Properties Management Coop- erative (Common) over the phone. Cobb authorized Common to debit his checking account for the $37.95 application fee. However, the debit was returned by Cobb’s bank as unpaid, and Cobb was assessed a Non-sufficient Funds (NsF) fee of $35.00 by Cobb’s bank, along with a $25.00 “returned fee” by PayLease, LLC (PayLease), Common’s financial institution. Cobb sued under the eFta, alleg- ing that the $25.00 “returned fee” had not been authorized. was the $25.00 returned fee to Pay- Lease covered by the EFTA?