LAW 603- Midterm Exam Guide - Comprehensive Notes for the exam ( 44 pages long!)

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5 Oct 2017
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Chapter 14: special contracts negotiable instruments (p. 360: gilles is (cid:374)ot lia(cid:271)le o(cid:374) the (cid:374)ote. This is (cid:271)e(cid:272)ause si(cid:374)(cid:272)e the sta(cid:373)p of (cid:862)(cid:272)o(cid:374)su(cid:373)e(cid:396) pu(cid:396)(cid:272)hase(cid:863) (cid:449)as pla(cid:272)ed o(cid:374) the (cid:374)ote, Therefore in this case, gilles can use real defence, because he was a minor when he signed the contract (p. 356, 358) Unless, the contract was for a necessity then the contract is not void with minor: bergman is a holder, this is because he did not acquire the cheque in good faith, because the cheque was stale dated. If he is a holder, only defences that can be used by bjorn are defect in title, and real defence. And since bjorn was insane at the time, he can use the defence of defect in title: no he will not. This is because in order for a cheque to be cashed out there must be a certain amount of money.

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