What is the term the Uniform Commercial Code (UCC) gives to a person who seeks to enforce a negotiable instrument that is lost, stolen, or destroyed? -Beneficiary -Non-holder
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- What are the requirements for a valid and enforceable negotiable instrument under the Universal Commercial Code ?What are the circumstances that can lead to the dishonor of a negotiable instrument, and how does it impact the parties involved?Kwaku Issaka is a 14-year boy from a wealthy home. On 21st May 2021, Kwaku Issaka entered a shop in Accra to purchase the following items: PlayStation 5 iPhone 13 Three pairs of men’s formal shoes made by Alexander Kwaku Issaka did not have enough money to pay for all the items at once. He, therefore, entered into an agreement with the shop owner, Mr. Boateng, to pay the outstanding amount owed in five installments. However, after paying the first installment, Kwaku Issaka fell into arrears. The two parties then entered into another agreement under which Kwaku Issaka was to work for Mr. Boateng for a year without any salary for Kwaku Issaka’s debt to be forgiven. Kwaku Issaka has started working, but the work is affecting his school activities to the extent that he was last in his class. Kwaku Issaka’s parents have approached you as a renowned expert in contract law to assist them. Advise them accordingly. Your solution should follow the IRAC Principle is an acronym which depicts,…
- Can a negotiable instrument be endorsed in blank? What are the consequences of such an endorsement?True /false The variation of transport cost by FOB, CFR /CIF brings more or less costs and changes the nature of the terms. Under FOB, insurance is an obligation for importer. DAT is only for sea or inland waterway transportation mode. Institute War/Strike Clause also have independent and complete structure, but can be covered separately only after agreement from the insurer according to ICC. Under FCA, a seller is responsible for loading and unloading cargo at any agreed delivery point. Under FOB, insurance is an obligation for importer.(1) In "Promissory note" and a "bill of exchange" how many parties involved? a) Two parties to a "Promissory note three to a bill of exchange" b) One party to a "Promissory note" two to a "bill of exchange" c) Four parties to a "Promissory note" three to a "bill of exchange
- 2) A fiduciary relationship is one based on trust and explicit or implicit contract that creates economic incentives for the different parties. Select an alternative True FalseOn a beautiful Saturday in October, Francie decides to take the twenty-mile ride from her home in New Jersey into New York City to do some shopping. Francie finds that Brown’s Retail Sales, Inc., has a terrific sale on televisions and decides to surprise her husband with a new high-definition television. She purchases the set from Brown’s on her VISA card for $1,450. When the set is delivered, Francie discovers that it does not work. Brown’s refuses to repair or replace it or to credit Francie’s account. Francie therefore refuses to pay VISA for the television. VISA brings a suit against Francie. Will VISA prevail? Why or why not?is the issuer of the negotiable instruments." Drawer Holder Drawee Beneficiary
- Facts: You offered to sell your automobile to Wil for P100,000.00. After inspecting the automobile, Wil offered to buy it for P80,000.00. This offer was accepted by you. The next day, you offered to deliver the automobile, but Wil being short of funds, secured postponement of the delivery, promising to pay the price “upon arrival of the steamer”. The steamer however never arrived because it was wrecked by a typhoon and sank somewhere off the Coast of Samar. Question: Is there a perfected contract in this case? Why or why not?On October 1, 2021, Garcia Exporters, a manufacturer in India, made a contract to sell 200,000 tie-dyed beach chairs to Lesh Imports, a NY corporation, for “$300,000(US), CIF New York, shipment, direct or indirect, to arrive on or before February 1, 2021.” The contract required Lesh Imports to obtain a Letter of Credit “issued or confirmed by a reputable N.Y. commercial bank.” Lesh intended to resell the beach chairs to customers in the northeastern United States in the beginning of March 2022. On October 10, 2021, Hart National Bank (NY) issued a Letter of Credit for the benefit of Garcia in the amount of $300,000(US), to expire on November 30, 2021. The Letter of Credit required presentment of a Bill of Lading showing a shipment “to arrive NY on or before February 1, 2021.” On October 17, 2021, Garcia delivered the 200,000 beach chairs to Weir Shipping Lines in India for shipment to NY on the container ship “Of Fools.” The Bill of Lading, dated October 17, 2021, stated that the ship…Section 1(1) of the Sale of Goods Act, 1962 (Act 137) provides that, “Sale of goods is a contract whereby the Seller transfers or agrees to transfer the property in goods to the Buyer for a Consideration called Price consisting wholly or partly of money”. Discuss five elements of sale of goods agreements with reference to international sale contract. Answer with much definitions and application of law. With good examples