Asked by Jason Brownlee on Jun 12, 2024

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Which of the following has been held to destroy the negotiability of an instrument and to render its transfer a contractual assignment?

A) "I wish you would pay."
B) "Pay to the order of John Jones."
C) "Pay bearer."
D) "Please pay Sue Smith."

Negotiability

The ability of a document or instrument to be legally and freely transferred from one party to another.

Contractual Assignment

The transfer of rights or duties under a contract from one party to another.

  • Review the impact of stipulated conditions, references to ancillary agreements, and vague payment deadlines on the negotiability of instruments.
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Verified Answer

AP
Andrea PardoJun 15, 2024
Final Answer :
A
Explanation :
The phrase "I wish you would pay" introduces a level of uncertainty and discretion that is inconsistent with the definiteness required for an instrument to be considered negotiable. Negotiable instruments must contain an unconditional promise or order to pay, and the inclusion of "I wish" suggests that payment is not obligatory, thereby destroying the instrument's negotiability and rendering its transfer a contractual assignment rather than a negotiation.