Negotiable Instruments Law Review, Summary and Exam Strategies

Lecture 1: Introduction to Negotiable Instruments

Definition and Types: Distinguish between notes (promissory notes) and drafts (checks).

Requirements for Negotiability: Unconditional promise or order to pay, fixed amount of money, payable on demand or at a definite time, etc.

Holder Status: Explanation of “holder” vs. “bearer” and negotiation procedures (endorsements, delivery).

Basic Policy Goals: Why negotiability fosters ease of transfer and uniform commercial practice.

Lecture 2: Holders in Due Course and Defenses

Holder in Due Course (HDC) Requirements: Taking for value, in good faith, without notice of claims or defenses.

Real vs. Personal Defenses: Fraud in the factum, forgery, alteration, infancy, illegality, mental incapacity.

Implications for Liability: Which defenses can be asserted against an HDC vs. a mere holder.

Exam Tip: Spotting the difference between real defenses that defeat even an HDC and personal defenses that do not.

Lecture 3: Liability, Warranties, and Discharge

Parties’ Liability: Maker/drawer, endorser/indorser, acceptor.

Transfer and Presentment Warranties: How they arise, who they protect, disclaimers.

Discharge: Payment in full, tender of payment, cancellation, reacquisition.

Exam Pitfalls: Students often confuse these warranties with typical contract disclaimers or fail to recognize discharge events.

Lecture 4: Checks, Banks, and the UCC

Check-Specific Rules: Overdrafts, postdated checks, stop-payment orders.

Bank Collection Process: Depositary bank, intermediary banks, payor bank.

Exam Scenarios: Dishonored checks, improper endorsements, missing or forged endorsements, bank liability.

Lecture 5: Advanced Topics and Bar Strategy

Alterations and Forgeries: Allocation of loss among parties under UCC Articles 3 and 4.

Electronic Fund Transfers: Emerging payment systems beyond standard checks.

Exam Strategy: Identifying the “who is liable to whom” question, applying holder in due course analysis, and thoroughly addressing possible defenses in your IRAC structure.