Wednesday, May 30, 2007

Commercial Paper

AKA Consumer Transactions - my favorite.

From Barbri:

In General, An HDC can enforce an instrument subject only to real defenses (i.e., the HDC takes free of personal defenses and claims). Thus, whether an obligated party will be forced to pay depends on whether the holder is an HDC and the nature of the obligated party's defenses. If the holder is not an HDC, the obligated party may assert any of the ordinary contract defenses (e.g., failure of consideration). If the holder is an HDC, the obligated party is limited to so-called real defenses.

And don't you forget it.

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