Asked by Joseph Amberg on Jun 16, 2024

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When a party signs a negotiable instrument without knowing that it is,in fact,a negotiable instrument,the party can claim ________.

A) negligence
B) recklessness
C) malice
D) fraud in the factum
E) fraud in the factum and fraud in the inducement

Fraud In The Factum

A liability defense available to a party who signs a negotiable instrument without knowing that it is a negotiable instrument.

Negotiable Instrument

A written assurance for the remittance of a fixed sum of money, payable either on demand or at a future date, with the document clearly stating the name of the individual making the payment.

Liability

A legal responsibility or obligation.

  • Understand the concept of fraud in the inducement and fraud in the factum and how they affect liability.
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Suzette CampbellJun 22, 2024
Final Answer :
D
Explanation :
When a party signs a negotiable instrument without knowing that it is,in fact,a negotiable instrument,the party can claim fraud in the factum (also called fraud in the execution and fraud in the essence)as a defense.For example,suppose Michael Jordan believes he is signing an autograph for a fan,but he is actually signing a promissory note.Because he did not intend to sign a negotiable instrument,he will not be held liable for the instrument.