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Personal and Real Defenses Explained

This document lists examples of personal defenses and real defenses related to negotiable instruments. For personal defenses, the examples given are: a complete but undelivered instrument; an incomplete but delivered instrument; acquisition by fraud, fear, force or duress; acquisition for illegal consideration; unlawful acquisition; absence of consideration; wrong date insertion; negotiation in breach of faith; and negotiation by fraud. The examples of real defenses are: incomplete and undelivered instruments; forgery; minority; material alteration; confession of judgment instruments; and fraud in factum.

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DaniLo Rico II
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398 views1 page

Personal and Real Defenses Explained

This document lists examples of personal defenses and real defenses related to negotiable instruments. For personal defenses, the examples given are: a complete but undelivered instrument; an incomplete but delivered instrument; acquisition by fraud, fear, force or duress; acquisition for illegal consideration; unlawful acquisition; absence of consideration; wrong date insertion; negotiation in breach of faith; and negotiation by fraud. The examples of real defenses are: incomplete and undelivered instruments; forgery; minority; material alteration; confession of judgment instruments; and fraud in factum.

Uploaded by

DaniLo Rico II
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Examples of Personal Defenses:

a.
b.
c.
d.
e.
f.
g.
h.
i.
j.

Complete but undelivered instrument


Incomplete but delivered instrument
Acquisition of the instrument by means of fraud in inducement
Acquisition of the instrument by means of fear, force or duress
Acquisition of the instrument for an illegal consideration
Acquisition of the instrument by an unlawful means
Absence of consideration in the acquisition of the instrument
Insertion of a wrong date where date is a material particular
Negotiation in breach of faith
Negotiation under circumstances amounting to fraud

Examples of Real Defenses


a.
b.
c.
d.
e.

Incomplete and undelivered instruments (Sec. 15)


Forgery (Sec. 23)
Minority (Sec. 22)
Material Alteration (Sec. 124)
Cognivit actionem or confession of judgment instrument
f. Fraud in factum or fraud in esse contractus

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