Asked by Roshan Paudel on May 06, 2024

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Which of the following is the result if a payee who receives an instrument with missing information completes the missing information in a way that is inconsistent with the intent of issuer, and the instrument has been clearly materially altered?

A) The person taking the instrument cannot become a holder in due course.
B) The alteration does not prevent a person taking the flawed instrument from becoming a holder in due course.
C) There is no effect so long as the payee can establish that he or she did not receive any more consideration than that to which the payee was entitled.
D) The instrument is considered materially altered, but it only prevents transfer to a holder in due course if the holder in due course had knowledge that the payee had done the alteration.
E) The instrument is considered materially altered, but it only prevents transfer to a holder in due course if the transferee participated in the material alteration.

Materially Altered

A change in a document or agreement that significantly affects its terms or conditions.

Holder In Due Course

A legal term for a person who has acquired a negotiable instrument in good faith and for value, and thus is protected against certain defenses and claims that could be raised against the original payee.

Payee

The party in a transaction who receives the payment.

  • Recognize how alterations and errors on negotiable instruments affect their validity and negotiation.
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BR
Barri’ Ragland-EnglishMay 12, 2024
Final Answer :
A
Explanation :
When an instrument is materially altered without the issuer's consent, it affects the ability of a person taking the instrument to become a holder in due course. Material alteration without proper authorization or consent can invalidate the instrument's original terms, making it difficult for a new holder to claim holder in due course status, as it undermines the integrity and agreed terms of the instrument.