Asked by Waseem Nazir on May 20, 2024

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a. Discuss primary liability on a note; on a check.
b. What is secondary liability? What must be done before a person with secondary liability can be sued? Who has secondary liability on a note? Who has secondary liability on a check?
c. How does contractual liability on the instrument differ from warranty liability?

Primary Liability

The main or first layer of responsibility for fulfilling a financial or legal obligation.

Secondary Liability

Legal responsibility that arises from aiding, facilitating, or contributing to a wrongful act committed by another party.

Contractual Liability

This is the legal obligation parties have under a contract to fulfill the terms of the agreement.

  • Gain an understanding of the distinction between primary and secondary liability within the framework of negotiable instruments.
  • Differentiate between the obligations arising from contracts and warranties within the context of negotiable instruments.
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JL
Jacelyn LeongMay 24, 2024
Final Answer :
a. If a person is primarily liable on a negotiable instrument then that person is absolutely required to pay the instrument, subject to certain real defenses. The maker is primarily liable on a note. A drawee who promises to pay by certifying a check, or accepting it as presented (thus becoming an acceptor), is primarily liable on a check.
b. Secondary liability is contingent liability. It does not arise unless the primarily liable party has defaulted on an instrument. A drawer is liable if the drawee dishonors the instrument. Indorsers are liable subject to the conditions of dishonor and notice of dishonor. An indorser has secondary liability on a note. The drawer and unqualified indorsers have secondary liability on a check.
c. Contractual liability is imposed on those who sign or have an agent sign an instrument, unless they disclam liability. Warranty liability is not subject to the conditions of proper presentment, dishonor, and notice of dishonor. It arises upon transfer or presentment. Warranty liability is not based on signature, but may be imposed on signers and nonsigners.