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CHAPTER 36: HOLDERS IN DUE COURSE AND DEFENSES

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CHAPTER 36: HOLDERS IN DUE COURSE AND DEFENSES. CHAPTER 36: HOLDERS IN DUE COURSE AND DEFENSES. Learning Objectives: Holder in Due Course Significance Requirements Defenses Personal Real Exceptions to Holder in Due Course Status. HOLDER IN DUE COURSE.

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Presentation Transcript
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CHAPTER 36: HOLDERS IN DUE COURSE AND DEFENSES

Learning Objectives:

Holder in Due Course

Significance

Requirements

Defenses

Personal

Real

Exceptions to Holder in Due Course Status

Chapter 36

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HOLDER IN DUE COURSE

  • Significance of the Designation
  • Requirements:
    • Holder must receive value
    • Good faith
    • Transferee does not have notice of infirmities
      • Types of Notice
      • Before Overdue
    • Holder from a Holder

Chapter 36

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DEFENSES

  • Personal Defenses
    • Significance: Holder in due course is not subject to personal defenses
    • Examples

Chapter 36

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DEFENSES

  • Real Defenses
    • Significance: Holder in due course is subject to real defenses
    • Examples

Chapter 36

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EXCEPTIONS TO THE HOLDER-IN-DUE COURSE STATUS

  • Rationale for Exceptions
  • State Law
  • Federal Law
    • FTC Rule Regarding Consumer Credit
    • Close Connectedness Doctrine

Chapter 36

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