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Simple English definitions for legal terms

shelter doctrine

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A quick definition of shelter doctrine:

The shelter doctrine is a rule in commercial law that says if someone buys a piece of paper that promises to pay money (like a check or a promissory note) from someone who is legally allowed to sell it, then that person has the same rights as the original seller. This means that if the original seller could get the money promised on the paper, then the new buyer can too. This rule helps make it easy for people to buy and sell these kinds of papers without worrying about whether there might be problems with them later on.

A more thorough explanation:

The shelter doctrine is a principle in commercial law that states that anyone who receives commercial paper from a holder in due course, as well as any subsequent transferees, will inherit the same rights as the original holder. This means that transferees of holders in due course are generally not subject to defenses against the payment of an instrument. The doctrine ensures the free transferability of commercial paper.

The name of the doctrine comes from the idea that the transferees "take shelter" in the rights of the holder in due course. This means that they are protected by the same legal rights and defenses as the original holder.

Let's say that John is a holder in due course of a promissory note from Jane. John then transfers the note to Mary. Mary is now protected by the shelter doctrine and has the same legal rights and defenses as John. If Jane tries to raise any defenses against the payment of the note, Mary can take shelter in John's rights and is not subject to those defenses.

Another example would be if John then transfers the note to Sarah. Sarah is also protected by the shelter doctrine and has the same legal rights and defenses as John and Mary. If Jane tries to raise any defenses against the payment of the note, Sarah can take shelter in John and Mary's rights and is not subject to those defenses.

These examples illustrate how the shelter doctrine ensures the free transferability of commercial paper and protects subsequent transferees from any defenses raised against the payment of the instrument.

shelter-care hearing | shelter hearing

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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
Give it 4 more weeks at least. Everyone in this chat needs to wait longer.
TrumpSucks
19:58
@steelrift99: Same for me at Arizona
TrumpSucks
20:00
It is frustrating when people are admitted who applied after you. But that’s just part of the game I guess
was friday a umich R wave?
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