Question
Was this check a negotiable instrument? Was it for a definite amount? This Discussion will assess how well you understand the concept of negotiability. Begin
Was this check a negotiable instrument? Was it for a definite amount?
This Discussion will assess how well you understand the concept of negotiability. Begin by reading the facts of the case (Blasco v. Money Services Center) then decide: Was this check a negotiable instrument? Was it for a definite amount?
Christina Blasco borrowed money from Money Services Center for $500.00 and wrote a check for $587.00 which to be cashed not for two weeks. Before MSC could cash the check, Blasco filed for bankruptcy protection. It is illegal for creditors to collect debts after a bankruptcy filing, except that creditors are entitled to payment on negotiable instruments. The situation is that the check was a negotiable instruments, but it was not for a definite amount. The words prevail over numbers. Negotiable instruments are explained in article 3 of the Uniform Commercial Code in a form of notes or drafts. A note (promissory note) is a persons promise that they will pay the money back. A promissory note is used in virtually every loan transaction, just like the one Blasco did with Money Services Center. (Beatty, Samuelson, & Bredeson, 244) Furthermore, this check was not a negotiable instrument due to the fact that it was not a definite amount when the words were compared to the numbers. Chris Burch field References Beatty, J. F., Samuelson, S. S., & Bredeson, D. A. (2013). Introduction to business law (4th ed.). Mason, OH: South-Western Cengage Learning. In the case Blasco v. Money Services Center, the main question is "Does five eighty-seven and 50/100 mean the same as $587.50." According to Beatty, Samuelson, and Bredeson, "words take precedence over numbers" (2013, p. 247). If the numbers and the spelling of the numbers don't agree, the numbers will be the winner. In order for the check to be negotiable the check must have a definite amount. I think that the amount in writing could mean something else, but it is clear that it means $587.50.
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