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Negotiable Instruments Seatwork
Negotiable Instruments Seatwork
Negotiable Instruments Seatwork
2. In the given situation, Alex drew a check payable to the order of “cash” instead of indicating a
valid entity or in this case, Mr. Clean. According to Sec. 8 of the NIL, with instruments payable to
order, the payee must be named or otherwise indicated therein with reasonable certainty. If
there is no payee, there would be no one to indorse the instrument payable to order and thus,
the instrument shall not be considered negotiable. Alex’s claim was correct.
3. A. Sec. 6 maintains that the validity and negotiable character of an instrument are not
affected by the fact that it is not dated. Hence, a non-dated instrument is considered negotiable.
C. Sec. 8 requires that with instruments payable to order, the payee must be named or
indicated with reasonable certainty. “Cash” is an invalid payee and thus, an instrument payable
to cash is not negotiable.
D. Sec. 8 includes no provision for an instrument being addressed to two or more drawees.
It explicitly states that an instrument may be drawn payable to the drawee alone, and not to
two or more drawees in the alternative or in succession. Sec. 128 supports that a bill may be
addressed to two or more drawees jointly, whether they are partners or not; but not to two or
more drawees in the alternative or in succession.
E. Sec. 1 does not require a negotiable instrument to specify the place where it is made or
drawn or where it is payable. Sec. 6 also maintains that the validity and negotiability of the
instrument is not affected by the fact that it does not state where it is drawn or payable. In the
absence of an indicated place, an instrument is presumed to have been made where it is dated,
and the place of execution of payment is the maker’s or drawer’s place of business or his home.
Thus, it is still negotiable.