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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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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

Chapter 36


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


DEFENSES

  • Personal Defenses

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

    • Examples

Chapter 36


DEFENSES

  • Real Defenses

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

    • Examples

Chapter 36


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


CHAPTER 36: HOLDERS IN DUE COURSE AND DEFENSES


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