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Simple English definitions for legal terms

due-course holder

Read a random definition: Corporation Act

A quick definition of due-course holder:

A due-course holder is someone who has received a negotiable instrument (like a check or promissory note) in good faith, meaning they didn't know it was fake or fraudulent. They also gave something of value in exchange for the instrument. The instrument must be complete and not overdue. If someone is a due-course holder, they can legally collect on the instrument without worrying about personal defenses, but they may still be subject to real defenses.

A more thorough explanation:

Definition: A due-course holder is a person who has received a negotiable instrument in good faith, has paid for it, and has no knowledge that it has been dishonored or is overdue. The instrument must also be complete and regular on its face.

According to the UCC § 3-302, a due-course holder takes the instrument free of all claims and personal defenses, but subject to real defenses. This means that if the instrument is later found to be invalid or fraudulent, the due-course holder is still protected and can collect on it.

Example: John buys a car from a dealership and finances it through a bank. The bank becomes a due-course holder of the promissory note that John signed to pay for the car. If John later tries to dispute the validity of the note, the bank is still protected as a due-course holder and can collect on the debt.

Explanation: In this example, the bank is a due-course holder because they received the promissory note in good faith, paid for it, and had no knowledge that it was invalid or fraudulent. Even if John tries to dispute the note later, the bank is still protected and can collect on the debt because they are a due-course holder.

due course, payment in | due course of law

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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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