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9780314176936
Payments Law available in Paperback
- ISBN-10:
- 0314176934
- ISBN-13:
- 9780314176936
- Pub. Date:
- 01/28/2007
- Publisher:
- West Academic
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Overview
This outline is designed to help law students recognize and understand the basic principles and issues of payments law. It can be used both as a study aid when preparing for classes and as a review of the subject matter when studying for an examination.
Product Details
ISBN-13: | 9780314176936 |
---|---|
Publisher: | West Academic |
Publication date: | 01/28/2007 |
Series: | Black Letter Outline |
Edition description: | Older Edition |
Pages: | 428 |
Product dimensions: | 9.00(w) x 11.00(h) x 0.70(d) |
Table of Contents
Capsule Summary Payments Law 1
Perspective 39
Paying with Cash
Currency 47
Meaning of Money, Currency, and Payment 48
When Must the Obligee Accept Cash as Payment? 48
When Is Payment Made? 49
Delivery 49
Effects 49
When Can an Obligor Recover Payment Already Made to the Obligee? 49
What Happens When Cash Is Lost or Stolen? 50
Destroyed 50
Damaged 50
Lost 50
Stolen 51
Thief Keeps the Cash 51
Thief Spends the Cash 51
General Rule of Derivative Title 51
Exceptional Rule 51
Good faith purchaser 51
The Miller Case 51
Review Questions (Answers in Appendix A) 52
Digital Cash 55
How Digital Cash Works 56
Closed Systems 56
Open Systems 57
Defined 57
Visa Cash 57
Multi-Task Card 57
What and How Law Applies 58
Regulation E 58
Main Provisions 58
Uncertain Applicability 59
Contract Protection (E.g., Visa Cash) 59
Rights Against Issuer Upon Loss and Use 60
Rights Against Payee Upon Loss and Use 60
Final Payment 61
Regulating Special Risk of System Integrity (or Solvency of the Issuer) 61
Digital Cash as Claim 61
Bank Issuers 61
Non-Bank Issuers 61
State Regulation 62
Review Questions (Answers In Appendix A) 62
Paying by Check
Requisites of a Check Under Article 3 67
Contextual Overview 68
Where Checks Fit under UCC Article 3 68
Importance of Liability Under Article 3 68
Requirements of Negotiability Applicable to Any Kind of Instrument 69
In General 69
"Requisites of Negotiability" Under 3-104(a) 70
Hidden Requirement of "Writing" 70
How A Check Is Distinguished from Other Article 3 Instruments 70
Writing 71
Order a Bank 72
Payable on Demand 72
Payable to Order or to Bearer (Words of Negotiability) 73
Payable to Order 73
Payable to Bearer 74
Review Questions (Answers in Appendix A) 75
Liability on a Check Under Article 3 11
Signature on a Check Creates Liability 79
Liabilities of Persons Who Normally Sign Checks 79
Drawer 79
Indorser 80
Usual Non-Liability of the Drawee 81
Mechanics of Signature 82
Means of Signature: By an Agent or Representative 82
Principal's Liability 82
Agent's Liability 83
Liability for Unauthorized Signatures 84
Terms and Conditions of Liability 84
Conditions of Liability: Presentment, Dishonor, and Notice 85
Meaning and Mechanics of Satisfying Conditions of Liability 85
Dishonor 85
Presentment 86
Notice of Dishonor 87
Discharge of Liability on Instruments 87
Meaning of Discharge 87
Effects of Discharge 87
Ways Discharge Can Occur 87
Payment of the Instrument 88
Requirements of Discharge by Payment 88
Limits on the Rule of Discharge by Payment 88
Distinguishing Payment of the Underlying Obligation 89
Article 3 Discharge As a Defense Against Holder in Due Course 90
How An Instrument Affects the Underlying Obligation 90
Typical Case-Suspension and Discharge or Revival 90
When Person Entitled to Enforce the Instrument Is Not the Original Obligee 91
When Taking an Instrument Discharges the Obligation 92
Agreement 92
Bank Instruments 92
Accord and Satisfaction 92
Review Questions 93
Suing on a Check Under Article 3 97
Persons Entitled to Enforce 99
Holder 99
By Issuance 100
By Negotiation 100
What Negotiation Requires 101
The common requirement: "Transfer of Possession" 101
When Indorsement Required for Negotiation 102
Instrument Originally Payable to an Identified Person 102
Thereafter-Blank or Special Indorsement 102
Exception for Depositary Bank 104
Negotiation by Multiple Payees 104
Other Qualities of Indorsements That Do Not Affect Negotiation 106
Qualified Indorsements 106
Restrictive Indorsements 106
Nonholder in Possession with Holder's Rights 107
Nonholder Without Possession in Exceptional Cases 108
Defenses to Liability 108
Real Defenses 109
Infancy 109
Duress 110
Lack of Legal Capacity (Incapacity) 110
Illegality 111
Fraud in the Factum 111
Discharge in Insolvency Proceedings (Bankruptcy) 112
Ordinary or Personal Defenses 112
Article 3 Defenses 113
Defenses of Contract Law 114
Range of Defenses, Especially Including Problems of Consideration 114
Caveat: Defense Must Be Chargeable to Plaintiff 116
Holder in Due Course 117
Requirements of Due-Course Status 117
For Value 117
Without Notice 119
Overdue, Dishonored, or Uncured Default 119
Unauthorized Signature or Alteration 120
Claim to the Instrument 121
Defense or Claim in Recoupment 121
Without Question About Authenticity of the Instrument 121
In Good Faith 122
Apart From Certain Unusual Circumstances 123
Payee as Holder in Due Course 123
Taking Through a Holder In Due Course-The Shelter Principle 125
Review Questions (Answers in Appendix A) 126
Check Collection Under Article 4 131
Collecting Checks: Payor Bank as Sole Bank 132
Presentment Over the Counter for Payment in Cash 132
"On Us" Checks: Payor Bank as Depositary Bank 133
Collecting Checks: Multiple Banks 134
Getting the Check From the Depositary Bank to the Payor Bank 134
Indorsement and Transfer to Depositary Bank 136
Crediting the Customer's Account-Provisional Settlement Under Article 4 136
Depositary Bank Becomes Collecting Bank and Agent for Collection 137
Truncation 138
Settlements Under Article 4 139
Action Required of Payor Bank upon Presentment-Dishonor by Timely Return or Final Payment by Inaction 140
Under Article 4 140
Under Regulation CC 141
Expeditious Return 141
Large-Dollar Notice 143
What Happens When Checks Are Paid-Relationship Between Final Payment and Accountability 144
What Happens When Checks Are Dishonored 145
Rights and Remedies of the Depositary Bank 145
Rights and Remedies of the Customer 150
When the Check is Dishonored 150
When the Check Is Bounced Despite Final Payment 150
Review Questions (Answers in Appendix A) 151
Checking Accounts Under Article 4 155
Basic Relationship Between Customer and Bank 156
Defined Mainly by Deposit Agreement 156
"Properly Payable" Defines Main Duties 157
Wrongful Dishonor in General 157
When Is a Dishonor Wrongful? 157
Miscalculating Balance 158
Time for Determining Funds Sufficiency 158
Order of Paying Checks Presented at the Same Time 159
Overdrafts 159
Liability for Wrongful Dishonor 160
To Whom 160
Damages 160
Wrongful Honor in the Absence of Fraud or Forgery 161
In General 161
Stop Payment Orders: 4-403 162
Who May Stop Payment 162
Form and Content of Order 162
Time and Manner of Order: Priority Under 4-303(a) 163
Duration 164
Bank and Certified Checks 164
Damages, 4-403(c) 164
Payor Bank's Subrogation Rights, 4-407 165
Order Closing Account 166
Untimely Checks 166
Post-Dated Checks 166
Stale Checks 167
Death or Incompetence of Customer 167
Review Questions (Answers in Appendix A) 168
Check Fraud Under Articles 3 and 4 173
Basis of Payor Bank's Liability to Its Checking-Account Customer 175
Ineffective Drawer's Signature 175
Ineffective Indorsement 176
What Is The Wrong to the Drawer? 176
Where Is the Loss to the Drawer? 176
Alteration 176
Payor Bank's Defenses 177
Authority 177
Ratification 179
3-406-Negligence 179
The "Substantially Contributes" Requirement 179
The Effect of Payor's Culpability 180
4-406(c-d) (Breach of Conditional Duty to Discover and Report Check Fraud) 180
When Duty on Customer Is Triggered 181
Effect of Customer's Breach of the Duty 181
No Coverage of Forged Indorsements 181
Missing Drawer's Signature 182
Bank's Comparative Negligence Dilutes the 4-406(d) Defense 182
Bank's Lack of Good Faith Denies the Defense 182
4-406(f) (One-Year Outside Limit on Customer's Complaints About Customer's Unauthorized Signature or Alteration) 182
Special Rules for Unauthorized Indorsements in Certain Circumstances 183
When Payees are Impersonated or Imagined: Impostor Rule-3-04(a) 183
Rule of the Nominal or Fictitious Payee-3-404(b) 185
Where Stealing Instrument Is Afterthought 186
Where Actual Drawer Is Not Involved 186
When Employees Steal Checks for Which They Are Responsible-3-405 187
How 3-405 Works 188
Key Terms under 3-405 189
"Employee" 189
"Entrusted" 189
"Responsibility With Respect to Instruments" 189
"Fraudulent Indorsement" 190
Shifting Check Fraud Losses 191
Payor Bank Versus People Upstream in the Collection Chain-Primarily, Presentment Warranties 191
Who Makes Presentment Warranties to the Payor Bank Under 4-208 192
Scope of Presentment Warranty Protection Under 4-208 192
Alteration 193
Unauthorized or Missing Indorsement 193
Unauthorized Drawer's Signature 193
Damages 194
Major Defenses in Warranty Action 194
Payor Bank's Lack of Good Faith 194
Laches 194
Failure to Assert Defenses Against Customer 195
Forged Signature Not Unauthorized 196
Recovery Over (Passing the Buck) Through 4-207 Transfer Warranties 196
Handling the Typical Check Fraud Case of Ineffective Indorsement Through Warranty Actions 198
Direct Actions in Cases of Ineffective Indorsements 199
Payee Against Depositary Bank 199
Damages for Conversion 200
No Defense of Good Faith to the Direct Action 200
Payee Versus Payor Bank 201
Drawer Versus Depositary-Collecting Bank 201
Review Questions (Answers in Appendix A) 201
Bank Checks Under Articles 3 and 4 209
Types of Bank Checks 210
Certified Checks 211
Cashier's Checks 212
Teller's Checks 213
Stopping Payment 214
Cashier's Checks 214
Issuer's Liability 214
Asserting Defenses by Stopping Payment or Otherwise 214
Denying Liability on Other Bank Checks 216
Enhanced Liabilities of Banks on Bank Checks, 3-411 216
When Bank Checks Are Lost or Stolen 217
Review Questions (Answers in Appendix A) 218
Paying with Drafts
Paying Against Ordinary Drafts 223
Ordinary Drafts Under Articles 3 and 4 224
Simple Demand or Sight Draft 225
Time or Acceptance Draft 226
Collecting Drafts Through Banks 226
Review Questions (Answers in Appendix A) 227
Paying Documentary Drafts Under Articles 3, 4, and 7 229
Role of Documents of Title 229
Definition of Document 230
Bill of lading 230
Warehouse Receipt 230
Distinguishing Between Negotiable and Non-Negotiable Documents 230
The Test for Negotiability 231
Article 7's Coverage of Non-negotiable Documents 231
How Documents Control Access to the Goods 231
When the Document Is Negotiable 231
Upon Issuance 232
Subsequent Holders 232
When the Document Is Non-negotiable 233
Paying Against Negotiable Documents 234
Step One: Creating the Documentary Draft 234
Step Two: Sending the Documentary Draft for Collection 235
Step Three: Presenting the Documentary Draft for Payment 236
Variations in the Scheme 236
Discounting Documentary Drafts 236
Shipping Under a Non-negotiable Document 237
Trade Acceptances 237
Review Questions (Answers in Appendix A) 239
Paying with Credit
Letters of Credit Under Article 5 245
Defining Basic Terms and Relationships 247
Commercial Credits 247
The Main Players 247
The Relationship between Issuer and Beneficiary: Duty to Honor 249
The Relationship between Issuer and Customer: The Right of Subrogation 250
Standby Credits 251
Determining Compliance With the Credit 251
What Determines Compliance 251
Degree of Compliance 252
Timing of Compliance 252
Rightful Dishonor Despite Facial Compliance 252
Reasons Justifying Dishonor Despite Compliance 252
Reasons Not Justifying Dishonor 254
Review Questions (Answers in Appendix A) 255
Credit Cards 259
How Visa and MasterCard Work 262
Bank Joins Bankcard Association 262
Bank Issues Cards to Cardholders 263
Merchants Open Accounts at Bank 263
Cardholders Use Cards to Pay for Stuff Merchants Sell 265
Merchants Collect through Settlements or Interchange Network 266
Interlocking Agreements Provide Credibility 267
What Law Applies 268
State Law 268
Federal Truth in Lending Act (TILA) 269
Arbitration 270
Cardholder Right to Payment-Wrongful Dishonor 271
Cardholder Stopping Payment-Withholding Payment on Basis of Defenses Against Merchant 271
No Common Law Right 272
Limited TILA right 272
When Limitations Do Not Apply 273
Limits on Claims and Defenses Cardholder Can Assert 274
Cardholder Limited Liability for Unauthorized Use 274
Applies to Any Person 275
Protects Only Against Unauthorized Use 275
No Protection In Some Cases Despite Lack of Authority 275
Authority Exceeded 275
Cardholder Benefitted 276
Joint Account 276
Liability of Unauthorized User 276
Cardholder Rights Against Issuer for Errors Under Fair Credit Billing Act (FCBA) 276
"Billing Error" That Triggers FCBA 277
Rights and Process 277
Relationship to Unauthorized Use and Claims Against Merchant 279
Relationship to Issuer Chargeback Against Merchant 280
Review Questions (Answers in Appendix A) 280
Paying with Electronic Transfers of Funds
Commercial Funds Transfers Under Article 4A 289
Scope of Article 4A 291
Key Terms 291
Funds Transfers 291
Payment Order 291
Effectively Limited to Commercial Transactions 292
Not Limited to Electronic Transfers 292
Stages and Players Involved in an Article 4A Funds Transfer 292
Rights, Duties, and Payment 293
Acceptance Is Key 293
When Acceptance Is Required 294
Effects of Acceptance 295
Beneficiary Bank 295
Another Bank 295
Stopping Payment 296
Unauthorized Payment Orders 296
No Security Procedure Exists or Is Not Followed 297
Security Procedure Followed 297
General Rule 297
Exceptions 297
Damages 298
Recovery Over Against Thief 299
Mistakes in Payment Orders 299
Erroneous Payment Orders 299
Order Not Transmitted Pursuant to Security Procedure 299
Order Transmitted Pursuant to Security Procedure 299
Basic Rules 299
Effect of Sender's Negligence 300
Misdescription of Beneficiary 300
Review Questions (Answers in Appendix A) 301
Consumer Funds Transfers Under the Electronic Fund Transfer Act 305
Principal Sources of Law for Consumer Funds Transfers: Electronic Fund Transfer Act (EFTA) and Regulation E 308
Scope of Application 309
Major Protections 310
Disclosures 310
Unauthorized Transfers 311
Basic Regulatory Statement of Liability 312
Explanation of Three-Tiered Liability Analysis 313
Tier 1: Basic Liability Limit 313
Tier 2: Failing to Give Timely Notice of Loss 313
Tier 3: Failing to Report Theft Revealed in Bank Statement 314
Error Resolution 314
Preauthorized Debits 315
Liability 315
Defenses 316
Stopping Payment 317
Civil Liability for EFTA Violations 317
Wrongs Involving Stop Orders and Preauthorized Transfers-Section 1693h 317
Other Wrongs and General Liability 317
Section 1693m 317
Exceptions and Defenses 318
EFTA and Checks 319
Article 3 Truncated Checks 319
Re-Presented Checks 320
Electronically Converted or E-Checks 320
Conversion of Checks Mailed to Creditors 321
WEB and TEL Checks 322
Remotely-Created Checks 322
Funds Transfers Beyond EFTA 323
Multi-Purpose Cards Used for Credit 323
Telephone Requests for Transfers 324
Digital Cash 325
Review Questions (Answers in Appendix A) 325
Appendices
Answers to Review Questions 331
Practice Examination Questions 383
Answers to Practice Examination Questions 389
Glossary 397
Index 403
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