Asked by prabh saini on Jun 10, 2024
Verified
Shira purchased a refrigerator from ABC Appliance store for $800. She takes the refrigerator home and discovers that it is defective. She calls ABC Appliance store and tells them that she would like to return the refrigerator. ABC Appliance store tells her that they have assigned the promissory note she provided the store in order to purchase the refrigerator to a finance company and that the finance company, as a holder in due course, is not subject to defenses. Which of the following is true regarding the rights of parties?
A) The finance company is subject to the defenses of Shira because of the Federal Trade Commission rule created to protect consumers.
B) ABC Appliance store is correct in that Shira cannot assert her defenses against the finance company.
C) Shira can assert her defenses against the finance company only if she can prove that the finance company had knowledge that ABC Appliance store sold defective equipment from time to time.
D) Shira can assert her defenses against the finance company only because she gave notice of the problem within 5 days of the sale.
E) Shira can assert her defenses against the finance company only if she agrees to arbitrate the dispute.
Finance Company
A business that provides loans to individuals or other businesses and may also offer other financial services such as leasing, credit cards, or mortgage services.
Holder In Due Course
A person who has acquired a negotiable instrument in good faith, for value, and without notice of any defect, thereby having certain legal protections.
Defenses
Legal strategies and arguments used by defendants in legal proceedings to challenge the validity of the case against them.
- Understand the legal defenses against claims made by holders in due course.
Verified Answer
Learning Objectives
- Understand the legal defenses against claims made by holders in due course.
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