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Fern has six nieces, ages five to sixteen. She writes an instrument for $50 that states, "Pay to the order of my niece." The instrument is


A) negotiable.
B) nonnegotiable, because the amount of money is less than $500.
C) nonnegotiable, because it is illegal to write an order instrument payable to a relative.
D) nonnegotiable, because there is no specific person identified.

E) A) and D)
F) None of the above

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In a domestic sale of goods, Boxes LLC, the seller, and Containers Inc., the buyer, use a trade acceptance. Essentially, this instrument


A) promises that the maker will pay a specified amount to another party.
B) orders the buyer to pay a specified amount to the seller.
C) orders the buyer's bank to pay a specified amount to the seller.
D) acknowledges a deposit of funds payable to the holder.

E) A) and B)
F) A) and C)

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Marin writes on a piece of paper, "I owe you $600," signs it, and gives it to Nye. This instrument is


A) negotiable.
B) nonnegotiable, because it does not include an express promise to pay.
C) nonnegotiable, because it does not recite any consideration.
D) nonnegotiable, because it does not state any conditions to payment.

E) B) and C)
F) None of the above

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A promissory note signed to obtain a student loan is a negotiable instrument that functions as an extension of credit.

A) True
B) False

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A promise that states an express condition to payment is negotiable if the condition is stated in writing on the instrument.

A) True
B) False

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Wen writes an instrument that states it is "payable to X." The instrument is


A) negotiable.
B) nonnegotiable, because it does not state that it is payable to order.
C) nonnegotiable, because it is payable to a nonexistent person.
D) nonnegotiable, because it cannot be transferred by indorsement.

E) A) and D)
F) A) and B)

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An instrument is not negotiable unless it is "payable to order or to bearer" at the time it is issued or first comes into the possession of a holder.

A) True
B) False

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On an instrument, a mere reference to another writing-"As per contract"- does not render the instrument nonnegotiable.

A) True
B) False

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Fresh Fruit Company accepts a check from Grocers Mart in payment on a shipment of apples, but Harvest Meat LLC will not accept a check for a beef order. Fewer checks are written today because


A) most transactions are electronic.
B) promissory notes have replaced checks as costs have risen.
C) the use of credit has become more widespread.
D) merchants are increasingly refusing to accept cash and checks.

E) B) and C)
F) A) and D)

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Because negotiable instruments were originally paper documents, they are sometimes referred to as a commercial paper.

A) True
B) False

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On the back of an envelope, Phoebe writes, "I promise to pay Quint or bearer $600 on demand. [Signed] Phoebe." What type of instrument is this? Is it negotiable? If not, why not?

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This instrument is a promissory note and...

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Edie deposits funds with First National Bank, which issues an instrument that promises to repay the funds, with interest, on a certain date. Before the maturity date, Edie wants to access the funds. Edie can


A) submit the instrument to the maker for immediate payment.
B) withdraw the funds before the date of maturity.
C) advance the date for repayment.
D) sell the instrument to a third party.

E) B) and D)
F) None of the above

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Tree Nursery signs an instrument that states with certainty a fixed amount to be paid at the time the instrument is payable. Fixed amount means that the amount must be


A) stated as a fixed, not a variable, rate.
B) ascertainable from the face of the instrument.
C) determinable before the time it is payable.
D) all of the choices.

E) A) and B)
F) A) and C)

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In response to an order for flour from Good Eating LLC, Harvest Mill creates a draft ordering Good to pay Harvest for the flour within sixty days and sends it with the delivery to Good. On receipt, the buyer signs the draft. On this instrument, Harvest is


A) neither the drawer nor the payee.
B) only the payee.
C) only the drawer.
D) both the drawer and the payee.

E) A) and B)
F) A) and C)

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A check is not a demand instrument, because by definition a check is not payable for a period of time after its issue.

A) True
B) False

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When a note is lost, impaired, or destroyed, the owner loses the right to be paid its value, even if its existence can be proved with a copy.

A) True
B) False

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The nature of an instrument, such as a check, may indicate that it is payable on demand.

A) True
B) False

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If the numerical and written amounts on a check differ, the check is payable in the written amount.

A) True
B) False

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Special requirements for the form and content of negotiable instruments are imposed by


A) the Lex Mercatoria as codified in England.
B) the Uniform Commercial Code.
C) none of the choices.
D) rules developed by merchants in the medieval world.

E) B) and C)
F) None of the above

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In an international sale of goods, Cielo SA, the buyer, and Drones Inc., the seller, use a banker's acceptance. Essentially, this instrument


A) promises that the maker will pay a specified amount to another party.
B) orders the buyer to pay a specified amount to the seller.
C) orders the buyer's bank to pay a specified amount to the seller.
D) acknowledges a deposit of funds payable to the holder.

E) A) and C)
F) A) and B)

Correct Answer

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