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Bar Reviewer in Mercantile Law By: Jacinto D. Jimenez: Letters of Credit
Bar Reviewer in Mercantile Law By: Jacinto D. Jimenez: Letters of Credit
LETTERS OF CREDIT
I. Concept
I. Duties of Warehouseman
A. Delivery of Goods
A. Negotiation
B. Transfer of Rights
I. Concept
entruster or to deliver the goods to the entruster in case they were not
sold.
b. The entrustee must insure the goods covered by a trust receipt.
c. The entrustee bears the risk of loss due to a fortuitous event of the
goods covered by a trust receipt.
d. The entrustee can mortgage the goods covered by a trust receipt.
a. The entrustee is not liable for estafa if he was not able to sell the
goods covered by the trust receipt and the entruster refused his offer
to deliver the goods to him.
b. If the entrustee sold the goods covered by a trust receipt but was not
able to pay the entruster because the buyer had not yet paid, he is not
liable for estafa.
c. The liability of the entrustee is extinguished by novation if his loan
was restructured.
d. The entrustee is liable for any deficiency if the entruster foreclosed
his lien and the proceeds from the sale were insufficient.
a. Upon failure of the entrustee to comply with his obligations under the
trust receipt, the entruster may take possession of goods and sell
them.
b. Before selling the goods, the entruster must give written notice to the
entruster not less than five days before the date of the sale.
c. The notice shall be served on the entrustee personally or by ordinary
mail at his last known business address.
d. The goods must be sold at public auction and cannot be sold at a
private sale.
a. The entruster is not required to cancel the trust receipt and take
possession of the goods covered by the trust receipt before he can file
a collection case against the entrustee.
b. Repossession of the goods covered by a trust receipt will not be
considered payment of the loan secured by it.
c. The entruster must sell the goods covered by the trust receipt which
were repossessed.
d. If the loan was secured by a trust receipt and a real estate mortgage,
the repossession of the goods covered by the trust receipt will
preclude the entruster from foreclosing the real estate mortgage.
I. Requisites of Negotiability
a. A treasury warrant
b. A postal money order
c. A certificate of time deposit certifying that the bearer had deposited a
certain amount with the bank and repayable to the depositor.
d. An authorization to an addressee to pay.
a. It is not dated
b. It does not specify any consideration was given
c. It does not specify where it is payable
d. It is payable in the amount of 1,000 dollars without specifying the
country whose dollars are being referred to.
a. If the sum payable expressed in words is P200 and the sum payable
expressed in figures is P2,000, the sum payable is P2,000.
b. If the instrument does not specify the date from which the stipulated
interest will run, it will run from the date of the instrument.
c. If the instrument does not specify the date from which the stipulated
interest will run and the instrument is undated, it will run from the
date of issuance of the instrument.
d. If the instrument is not dated, it will be dated as of the time it was
issued.
a. The holder of a check issued with the name of the payee in blank,
may negotiate it.
b. If a maker signed a promissory note in favor of bank and left the
amount blank, and the bank filled it up and sued him later for
payment, he cannot raise the defense that the promissory note is not
valid.
c. If the drawer of a check authorized the holder to fill it up for P50,000,
and he filled it up for P80,000, and the check was dishonored, he
cannot hold the drawer liable for any amount.
d. If the holder of a check was authorized by the drawer to fill up the
check for P50,000, he filled it up for P80,000, he indorsed it to a holder
in due course, and it was dishonored, the indorsee can hold the
drawer liable up to P50,000 only.
a. A drawer who signed a check but left the name of the payee and the
amount payable blank and entrusted it to his employee, is not liable
to the holder if the check was stolen and dishonored for lack of funds
upon presentment for payment.
b. Since the officers of a corporation who signed blank checks to pay for
obligations of the corporation that might fall due during their trip
abroad were seriously negligent, if the check was stolen and
encashed, the corporation should bear 40 per cent of the loss.
c. If an incomplete and undelivered check was completed and
negotiated without authority to a holder in due course, and was
dishonored, the holder can hold the drawer liable.
d. In an incomplete and undelivered check was completed and
negotiated without authority to a holder, and was dishonored, the
holder can hold the person who negotiated the check to him liable.
a. If a debtor issued a check to pay his creditor but a thief stole it in the
office of the debtor and indorsed it by forging the signature of the
creditor, to a third party who was able to encash it, the creditor can
sue the third party.
b. If the holder of a check payable to bearer delivered it to another for
safekeeping, he can ask for its return at any time.
c. If the holder of a check payable to bearer delivered it to somebody in
trust for him and the trustee tried to encash it but the check was
dishonored for lack of funds, the trustee cannot hold the drawer
liable to him.
IV. Signature
2. A person is not liable even if his own signature does not appear in a
negotiable instrument in one of these cases:
a. A minor.
b. A corporation acting ultra vires.
c. An insane person.
d. An enemy alien.
a. The drawee bank must restore to the account of the drawer the
amount of the check payable to order which it paid although the
indorsement was forged.
b. A collecting bank must refund to the drawee bank the amount it
paid for a check presented by the collecting bank in which the
indorsement of the payee was forged.
c. The drawer is not entitled to the restoration to his account of the
amount the drawee bank paid to the holder of a check which is
payable to bearer and which has a forged indorsement.
d. The drawee bank must restore to the account of the drawer the
amount of the checks it paid with forged indorsements even if the
drawer did not inform it of the forgeries, because the drawer did
not examine the bank statements and the cancelled checks.
V. Consideration
VII. Negotiation
A. Holders
a. A holder in due course holds the instrument free from any defect
of title of prior parties and free from defenses available to prior
parties among themselves.
b. A holder who is not a holder in due course holds a negotiable
instrument subject to the same defenses as if it were not
negotiable.
c. A holder who is not a holder in due course but derived his title
from a holder in due course and is not a party to any fraud or
illegality affecting the instrument, enjoys the same exemption
from defenses as a holder in due course.
d. A holder who is not a holder in due course need not prove that
the previous holder who indorsed the instrument to him is a
holder in due course, because this is presumed.
A. Parties to Notice
B. Form of Notice
a. Notice may be waived before the time for giving it or after the
failure to give due notice.
b. Waiver may be expressed or implied
c. If the waiver was embodied in the instrument upon its
issuance, it is binding upon all parties.
d. If the waiver was written after the issuance of the instrument,
and was written above the signature of an indorser, it will
bind him and all subsequent parties.
D. Consequences
XII. Discharge
a. A holder may renounce all his rights against any party to the
instrument before, at, or after its maturity.
b. An absolute and unconditional renunciation by a holder of his
rights against the principal at or after maturity discharges the
instrument.
c. Renunciation does not affect the rights of a holder in due
course without notice of it.
d. An oral renunciation is always invalid.
A. Concept
XIV. Acceptance
A. Requirement
a. Where the bill is payable after sight or in any other case where
presentment for acceptance is necessary to fix the maturity of
the instrument.
b. Where the bill expressly stipulated for it.
c. Where the bill is payable elsewhere than at the residence or
place of business of the drawee.
d. Where the bill is payable on demand.
B. Manner
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C. Consequences
XVI. Checks
A. Concept