Discharge of Warranties of Negotiable Instrument - Explained
What is the Discharge of Warranties?
Written by Jason Gordon
Updated at April 6th, 2023
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When are the warranties of a negotiable instrument discharged?
Transferor, indorser, and presenter liability is discharged by any manner that would effectively discharge a partys obligation on a contract at common law. These provisions may relieve the obligation of a payor or payee, but could still subject transferors or indorsers to liability.
Note: Indorser and accommodation party liability may be discharged by the same means that a suretys liability is discharged.
Example: Valid payment discharges the obligations of payor of a negotiable instrument. Other methods include tender of payment and refusal, cancellation or renunciation of the obligations, material and fraudulent alteration of the instrument, certification, acceptance varying a draft, reacquisition, and, in some cases, unexcused delay in giving notice of presentment or dishonor.
Back to: COMMERCIAL PAPER
Discussion Question
Why do you think payment of a negotiable instrument relieves that party's warranty liability? Would it be fair to subject a payor to double liability for payment of an instrument? Why or why not?
Practice Question
Leon receives a promissory note made by Raymond as part of a contract. Leon transfers the note, which is subsequently transferred numerous times before it comes to Linda. Linda submits the instrument to Raymond for payment and it is dishonored. Linda seeks to enforce the instrument against Leon. Leon pays the instrument? What is Leon's remaining responsibility on the instrument? Under what situations would Raymond be relieved from his obligation to pay Raymond on the instrument?
Related Topics
- Commercial Paper (Intro)
- What is Commercial Paper?
- Negotiable Instrument
- What are the common types of commercial paper?
- Promissory Note
- Cashier's Check
- Convenience Check
- Certified Check
- Substitute Check
- Bill of Exchange
- Bank Draft Definition
- Sight Draft Definition
- Bankers Acceptance
- Who is a Holder of a negotiable instrument?
- Commercial Paper Funding Program
- What is Negotiability and why is it important?
- What is required for commercial paper to be negotiable?
- Sum Certain (Contracts)
- Inflation Adjustment Clause
- When does commercial paper contain an Unconditional promise to pay?
- Backup Line of Credit
- What is Payable on Demand or Payable on Time?
- What is Order Paper and Bearer Paper?
- Bearer Form
- How is a payee identified on the negotiable instrument?
- What rules does the court apply in determining negotiability?
- How is commercial paper negotiated to a holder?
- What is Transfer of a negotiable instrument?
- What is Indorsement of a negotiable instrument?
- What are the various types of indorsement?
- Bank Endorsement
- Blank Endorsement
- Accommodation Endorsement
- How does a holder receive payment on a negotiable instrument?
- Who is potentially liable on (or obligated to pay) a negotiable instrument?
- When is an individual liable for a representative signing a negotiable instrument?
- What rules apply if a holder loses a negotiable instrument?
- When is payment of a negotiable instrument overdue?
- What effect does a negotiable instrument have on the underlying obligation?
- What is a holder in due course?
- What are the requirements for a holder to become a holder in due course?
- Receive an instrument for value?
- Receive an instrument in good faith?
- Receive an instrument without notice of a valid defense?
- How does discharge of the Underlying Obligation affect a holder in due course?
- What is the Shelter Rule?
- Can you limit a transferee from becoming a holder in due course?
- Personal Defenses?
- Real Defenses?
- What is a Claim in Recoupment?
- What are the rights of a holder in due course if the instrument involves a consumer transaction?
- What happens if a negotiable instrument is Forged?
- What happens if a negotiable instrument is Stolen?
- Guaranty or Guarantee
- Letter of Guarantee
- Personal Guarantee
-
What is the role of a Guarantor or Surety of a negotiable instrument?
-
Surety
- Cosign
- Accommodation Paper Definition
- Secondary Liability
- Avalize Definition
- What is an Accord & Satisfaction?
- What is primary and secondary liability on an instrument?
- What is Drawer or Maker Liability for a negotiable instrument?
- What is Transferor Warranty of a negotiable instrument?
- What is Indorser Warranty of a negotiable instrument?
- What is Presentment Warranty of a negotiable instrument?
- What is a warrantors liability for a dishonored note or draft?
- What is the time limitation for warranty of a negotiable instrument?
- When are the warranties of a negotiable instrument discharged?