Asked by Erika Driesen on May 22, 2024
Verified
The "for-value" requirement for becoming a holder in due course is more stringent that the ________ requirement of ordinary contract law.
A) fraud
B) good faith
C) consideration
D) bad faith
E) detrimental reliance
Consideration Requirement
A legal principle that an agreement must involve a bargain or exchange of value between the parties to be enforceable.
Holder in Due Course
A party who has acquired a negotiable instrument in good faith and for value, thus having certain protections against defenses and claims that could be raised by prior parties.
- Determine the criteria necessary for a party to attain the status of a holder in due course.
Verified Answer
RS
Rafael Shem GapusanMay 27, 2024
Final Answer :
C
Explanation :
The holder in due course must take the negotiable instrument "for value." In other areas of law,taking something for value usually means taking something with consideration,a bargained-for promise.However,the for-value requirement is more stringent than consideration.The party must take the instrument in exchange for a promise that has already been performed.The Uniform Commercial Code explicitly excludes from "value" any promises that have not yet been performed.
Learning Objectives
- Determine the criteria necessary for a party to attain the status of a holder in due course.
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