This is “Liability and Discharge”, chapter 25 from the book The Legal Environment and Business Law (v. 1.0). For details on it (including licensing), click here.
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After reading this chapter, you should understand the following:
In Chapter 22 "Nature and Form of Commercial Paper", Chapter 23 "Negotiation of Commercial Paper", and Chapter 24 "Holder in Due Course and Defenses", we focused on the methods and consequences of negotiating commercial paper when all the proper steps are followed. For example, a maker gives a negotiable note to a payee, who properly negotiates the paper to a third-party holder in due course. As a result, this third party is entitled to collect from the maker, unless the latter has a real defense.
In this chapter, we begin by examining a question especially important to management: personal liability for signing company notes and checks. Then we look at the two general types of liability—contract and warranty—introduced in Chapter 23 "Negotiation of Commercial Paper". We conclude the chapter by reviewing the ways in which parties are discharged from liability.