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ACC 543 Week 4 Exam (New Syllabus)
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ACC 543 Week 4 Exam (New Syllabus)

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On February 15, 1993, P.D. Stone obtained the following instrument from Astor Co. for $1,000.Stone was aware that Helco, Inc., disputed liability under the instrument because of an alleged breach by Astor of the referenced computer purchase agreement. On March 1, 1993, Willard Bank obtained the instrument from Stone for $3,900. Willard had no knowledge that Helco disputed liability under the instrument.The reverse side of the instrument is indorsed as follows:The instrument is Under the Negotiable Instruments Article of the UCC, an instrument will be precluded from being negotiable if the instrument Which of the following negotiable instruments is subject to the UCC Negotiable Instruments Article? On February 15, 1993, P.D. Stone obtained the following instrument from Astor Co. for $1,000. Stone was aware that Helco, Inc. disputed liability under the instrument because of an alleged breach by Astor of the referenced computer purchase agreement. On March 1, 1993, Willard Bank obtained the instrument from Stone for $3,900. Willard had no knowledge that Helco disputed liability under the instrument.The reverse side of the instrument is indorsed as follows:The instrument is a Which of the following negotiable instruments is subject to the provisions of the UCC Negotiable Instruments Article? Below is a copy of a note Prestige Properties obtained from Tim Hart in connection with Hart's purchase of land located in Hunter, MT. This note is a Which of the following conditions, if present on an otherwise negotiable instrument, would affect the instrument's negotiability? Under the Negotiable Instruments Article of the UCC, which of the following instruments is classified as a promise to pay? Under the Negotiable Instruments Article of the UCC, the proper party to whom a check is presented for payment is Under the Negotiable Instruments Article of the UCC, which of the following documents would be considered an order to pay? A $5,000 promissory note payable to the order of Neptune is discounted to Bane by blank indorsement for $4,000. King steals the note from Bane and sells it to Ott who promises to pay King $4,500.After paying King $3,000,Ott learns that King stole the note. Ott makes no further payment to King. Ott is Under the Negotiable Instruments Article of the UCC, which of the following circumstances would prevent a person from becoming a holder in due course of an instrument? Under the Negotiable Instruments Article of the UCC, which of the following requirements must be met for a transferee of order paper to become a holder? Ashley needs to indorse a check that had been indorsed by two other individuals prior to Ashley's receipt of the check. Ashley does not want to have surety liability, so Ashley indorses the check "without recourse." Under the Negotiable Instruments Article of the UCC, which of the following types of indorsement did Ashley make? On February 15, 1993, P.D. Stone obtained the following instrument from Astor Co. for $1,000.Stone was aware that Helco, Inc. disputed liability under the instrument because of an alleged breach by Astor of the referenced computer purchase agreement. On March 1, 1993, Willard Bank obtained the instrument from Stone for $3,900.Willard had no knowledge that Helco disputed liability under the instrument.The reverse side of the instrument is indorsed as follows:Which of the following statements is correct? Under the Negotiable Instruments Article of the UCC, when an instrument is indorsed "Pay to John Doe" and signed "Faye Smith," which of the following statements is(are) correct? Under the Negotiable Instruments Article of the UCC, an indorsement of an instrument "for deposit only" is an example of what type of indorsement? The following note was executed by Elizabeth Quinton on April 17, 1990, and delivered to Ian Wolf: In sequence, beginning with Wolf's receipt of the note, this note is properly characterized as what type of commercial paper? Under the Negotiable Instruments Article of the UCC, which of the indorser's liabilities are disclaimed by a "without recourse" indorsement? Train issued a note payable to Blake in payment of contracted services that Blake was to perform. Blake indorsed the note "pay to bearer" and delivered it to Reed in satisfaction of a debt owed Reed. Train refused to pay Reed on the note because Blake had not yet performed the services. Under the Negotiable Instruments Article of the UCC, must Train pay Reed? Ball borrowed $10,000 from Link. Ball, unable to repay the debt on its due date, fraudulently induced Park to purchase a piece of worthless costume jewelry for $10,000. Ball had Park write a check for that amount naming Link as the payee. Ball gave the check to Link in satisfaction of the debt Ball owed Link. Unaware of Ball's fraud, Link cashed the check. When Park discovered Ball's fraud, Park demanded that Link repay the $10,000. Under the Negotiable Instruments Article of the UCC, will Link be required to repay Park? Under the Negotiable Instruments Article of the UCC, which of the following requirements must be met for a person to be a holder in due course of a promissory note? The holder must be the payee of the note. The following indorsements appear on the back of a negotiable promissory note payable to Lake Corp.Which of the following statements is correct? Jacobs gave the check to his son as a gift, who transferred it to Anchor for $78.00. Which of the following statements is correct? Under the Negotiable Instruments Article of the UCC, what kind of indorsement is made by the use of the words "Lee Louis"? West Corp. received a check that was originally made payable to the order of one of its customers, Ted Burns. The following indorsement was written on the back of the check:Which of the following describes the indorsement? Janice owes Jake $120,000. Jake cashes the check 45 days after receiving it. Janice's bank fails. The FDIC will cover $100,000. Janice Horton wrote a check for $50,000 to Wallace who in turn indorsed it to Halbert. When Halbert presented the check to the bank it was dishonored because of insufficient funds. Which of the following statements is correct? Bart presented a negotiable demand note supposedly signed by Alice as maker to Alice for payment. Alice claimed the note was a forgery and refused to pay it. Which of the following is correct? Under the Negotiable Instruments Article of the UCC, which of the following parties has secondary liability on an instrument? Which of the following parties has (have) primary liability on a negotiable instrument? To the extent that a holder of a negotiable promissory note is a holder in due course, the holder takes the note free of which of the following defenses? Cobb gave Garson a signed check with the amount payable left blank. Garson was to fill in, as the amount, the price of fuel oil Garson was to deliver to Cobb at a later date. Garson estimated the amount at $700, but told Cobb it would be no more than $900. Garson did not deliver the fuel oil, but filled in the amount of $1,000 on the check. Garson then negotiated the check to Josephs in satisfaction of a $500 debt with the $500 balance paid to Garson in cash. Cobb stopped payment and Josephs is seeking to collect $1,000 from Cobb. Cobb's maximum liability to Josephs will be A maker of a note will have a valid defense against a holder in due course as a result of any of the following conditions except On February 15, 1993, P.D. Stone obtained the following instrument from Astor Co. for $1,000. Stone was aware that Helco, Inc., disputed liability under the instrument because of an alleged breach by Astor of the referenced computer purchase agreement. On March 1, 1993, Willard Bank obtained the instrument from Stone for $3,900. Willard had no knowledge that Helco disputed liability under the instrument.The reverse side of the instrument is indorsed as follows:If Willard Bank demands payment from Helco and Helco refuses to pay the instrument because of Astor's breach of the computer purchase agreement, which of the following statements would be correct? Robb, a minor, executed a promissory note payable to bearer and delivered it to Dodsen in payment for a stereo system. Dodsen negotiated the note for value to Mellon by delivery alone and without indorsement. Mellon indorsed the note in blank and negotiated it to Bloom for value. Bloom's demand for payment was refused by Robb because the note was executed when Robb was a minor. Bloom gave prompt notice of Robb's default to Dodsen and Mellon. None of the holders of the note were aware of Robb's minority. Which of the following parties will be liable to Bloom? Under the Negotiable Instruments Article of the UCC, in a nonconsumertransaction, which of the following are real defenses available against a holder in due course? A seller and buyer enter into an international contract for the sale of goods involving a large amount of money. They agree to finance the sale by a letter of credit. Which of the following is correct? Which of the following statements concerning a letter of credit is correct? Under the Documents of Title Article of the UCC, which of the following statements is(are) correct regarding a common carrier's duty to deliver goods subject to a negotiable, bearer bill of lading? Under a nonnegotiable bill of lading, a carrier who accepts goods for shipment must deliver the goods to Under the Documents of Title Article of the UCC, a negotiable document of title is "duly negotiated" when it is negotiated to Burke stole several negotiable warehouse receipts from Grove Co. The receipts were deliverable to Grove's order. Burke indorsed Grove's name and sold the warehouse receipts to Federated Wholesalers, a bona fide purchaser.In an action by Federated against Grove, Under the Documents of Title Article of the UCC, which of the following terms must be contained in a warehouse receipt? Which of the following statements is correct concerning a bill of lading in the possession of Major Corp. that was issued by a common carrier and provides that the goods are to be delivered "to bearer"? Which of the following statements is correct concerning a common carrier that issues a bill of lading stating that the goods are to be delivered "to the order of Ajax"? Creditor A agreed to loan Debtor D the money for the purchase of inventory. Debtor D signed a security agreement on October 1. Creditor A filed a financing statement on the goods on October 2. The inventory was shipped FOB place of shipment on October 5. When did the security interest attach? Under the Secured Transactions Article of the UCC, all of the following are needed to create enforceable security interest except Under the Secured Transactions Article of the UCC, which of the following security agreements does NOT need to be in writing to be enforceable? Under the Secured Transactions Article of the UCC, which of the following statements is correct regarding a security interest that has not attached? Under the Secured Transactions article of the UCC, when does a security interest become enforceable? Under the UCC Secured Transactions Article, which of the following events will always prevent a security interest from attaching? Under the UCC Secured Transactions Article, when collateral is in a secured party's possession, which of the following conditions must also be satisfied to have attachment? Under the Secured Transactions Article of the UCC, what secured transaction document must be signed by the debtor? Under the Secured Transactions Article of the UCC, which of the following requirements is necessary to have a security interest attach? Grey Corp. sells computers to the public. Grey sold and delivered a computer to West on credit. West executed and delivered to Grey a promissory note for the purchase price and a security agreement covering the computer. West purchased the computer for personal use. Grey did not file a financing statement.Is Grey's security interest perfected? Which of the following requires a filing for perfection? Sun, Inc., manufactures and sells household appliances on credit directly to wholesalers, retailers, and consumers.Sun can perfect its security interest in the appliances without having to file a financing statement or take possession of the appliances if the sale is made by Sun to Which of the following transactions would illustrate a secured party perfecting its security interest by taking possession of the collateral? Under the UCC Secured Transactions Article, which of the following must be included in the financing statement? Mars, Inc., manufactures and sells VCRs on credit directly to wholesalers, retailers, and consumers. Mars can perfect its security interest in the VCRs it sells without having to file a financing statement or take possession of the VCRs if the sale is made to The Smiths are remodeling their kitchen and want to purchase new appliances: a large refrigerator-freezer, microwave oven, dishwasher, garbage disposal, and stove-oven. Z Bank has advertised a special consumer loan rate, and AP Appliances has great discount rates on appliances. The Smiths can only pay AP Appliances 20% of the purchase price. AP Appliances' credit rates are higher than Z Bank's consumer loan rates. The Smiths sign a security agreement putting up the to-be-purchased listed appliances as security, and Z Bank issues a check for the balance payable to AP Appliances and the Smiths. Which of the following statements is correct? Under the Secured Transactions Article of the UCC, which of the following items can usually be excluded from a filed original financing statement? Jones lives in Oklahoma and is the owner of a large number of valuable antiques. Treasures Delight, located in Arkansas, is a seller of antiques. Treasures Delight is owned by Sally Delight. Delight offers to purchase all of the antiques owned by Jones paying 60% of the agreed price and, by agreement, signs a security agreement for the balance putting up her entire inventory as security. The security agreement provides for monthly payments. Which of the following is correct? Under the UCC Secured Transactions Article, what is the order of priority for the following security interests in store equipment? Under the UCC Secured Transactions Article, which of the following after-acquired property may be attached to a security agreement given to a secured lender? On July 8, Ace, a refrigerator wholesaler, purchased 50 refrigerators. This comprised Ace's entire inventory and was financed under an agreement with Rome Bank that gave Rome a security interest in all refrigerators on Ace's premises, all future acquired refrigerators, and the proceeds of sales. On July 12, Rome filed a financing statement that adequately identified the collateral. On August 15, Ace sold one refrigerator to Cray for personal use and four refrigerators to Zone Co. for its business.Which of the following statements is correct? Under the UCC Secured Transaction Article, what is the effect of perfecting a security interest by filing a financing statement? Vista is a wholesale seller of microwave ovens. Vista sold 50 microwave ovens to Davis Appliance for $20,000. Davis paid $5,000 down and signed a promissory note for the balance. Davis also executed a security agreement giving Vista a security interest in Davis' inventory, including the ovens. Assuming Vista is a partnership, which of the following statements is correct? Wine purchased a computer using the proceeds of a loan from MJC Finance Company. Wine gave MJC a security interest in the computer. Wine executed a security agreement and financing statement, which was filed by MJC. Wine used the computer to monitor Wine's personal investments. Later, Wine sold the computer to Jacobs for Jacobs' family use. Jacobs was unaware of MJC's security interest. Wine now is in default under the MJC loan.May MJC repossess the computer from Jacobs? Noninventory goods were purchased and delivered on June 15. Several security interests exist in these goods.Which of the following security interests has priority over the others? A debtor purchased an LCD television from Best Buy for $1,000. BestBuy financed the transaction. With finance charges, the total cost of the financing is $1,200. After the debtor has paid $600, he defaults on the payment and BestBuy repossesses the TV. BestBuy has decided to keep the TV as a floor display model. The debtor believes it would be best if BestBuy sold the TV. A debtor is in default. The collateral consists of 100 cows described in the security agreement. Thirty cows were stolen through no fault of the debtor. Which of the following statements is correct concerning the secured party's rights due to the debtor's default? Under the UCC Secured Transactions Article, if a debtor is in default under a payment obligation secured by goods, the secured party has the right to Under the Secured Transactions Article of the UCC, which of the following remedies is available to a secured creditor when a debtor fails to make a payment when due? Drew bought a computer for personal use from Hale Corp. for $3,000. Drew paid $2,000 in cash and signed a security agreement for the balance. Hale properly filed the security agreement. Drew defaulted in paying the balance of the purchase price. Hale asked Drew to pay the balance. When Drew refused, Hale peacefully repossessed the computer.Under the UCC Secured Transactions Article, which of the following remedies will Hale have? In what order are the following obligations paid after a secured creditor rightfully sells the debtor's collateral after repossession? Under the UCC Secured Transactions Article, which of the following statements is correct concerning the disposition of collateral by a secured creditor after a debtor's default? Edwards Corp. lent Lark $200,000. At Edwards' request, Lark entered into an agreement with Owen and Ward for them to act as compensated co-sureties on the loan in the amount of $200,000 each.If Edwards releases Ward without Owen's or Lark's consent, and Lark later defaults, which of the following statements is correct? Mane Bank lent Eller $120,000 and received securities valued at $30,000 as collateral. At Mane's request, Salem and Rey agreed to act as uncompensated co-securities on the loan. The agreement provided that Salem's and Rey's maximum liability would be $120,000 each. Mane released Rey without Salem's consent. Eller later defaulted when the collateral held by Mane was worthless and the loan balance was $90,000.Salem's maximum liability is Lane accepted the commitments of the sureties and made the loan to Turner. After paying ten installments totaling $100,000, Turner defaulted. Clark's debts, including the surety obligation to Lane on the Turner loan, were discharged in bankruptcy. Later, Rivers properly paid the entire outstanding debt of $140,000.What amount may Rivers recover from Zane? Which of the following rights does one cosurety generally have against another cosurety? Sorus and Ace have agreed, in writing, to act as guarantors of collection on a debt owed by Pepper to Towns, Inc. The debt is evidenced by a promissory note.If Pepper defaults, Towns will be entitled to recover from Sorus and Ace unless Ivor borrowed $420,000 from Lear Bank. At Lear's request, Ivor entered into an agreement with Ash, Kane, and Queen for them to act as co-sureties on the loan. The agreement between Ivor and the co-sureties provided that the maximum liability of each co-surety was: Ash, $84,000; Kane, $126,000; and Queen, $210,000. After making several payments, Ivor defaulted on the loan. The balance was $280,000.If Queen pays $210,000 and Ivor subsequently pays $70,000, what amounts may Queen recover from Ash and Kane? Camp orally guaranteed payment of a loan Camp's cousin Wilcox had obtained from Camp's friend Main. The loan was to be repaid in 10 monthly payments. After making 6 payments, Wilcox defaulted on the loan and Main demanded that Camp honor the guarantee. Regarding Camp's liability to Main, Camp is Nash, Owen, and Polk are co-sureties with maximum liabilities of $40,000, $60,000, and $80,000, respectively. The amount of the loan on which they have agreed to act as co-sureties is $180,000. The debtor defaulted at a time when the loan balance was $180,000. Nash paid the lender $36,000 in full settlement of all claims against Nash, Owen, and Polk.The total amount that Nash may recover from Owen and Polk is A party contracts to act as a surety for the collection of the debts of another. As a result of the suretyship agreement, which of the following statements is correct? Wright cosigned King's loan from Ace Bank. Which of the following events would release Wright from the obligation to pay the loan? State refused to renew the loan unless Green provided an acceptable surety. Green asked Royal, a friend, to act as surety on the loan. To induce Royal to agree to become a surety, Green fraudulently represented Green's financial condition and promised Royal discounts on merchandise sold at Green's store. Royal agreed to act as surety and the loan was renewed. Later, Green's obligation to State was discharged in Green's bankruptcy. State wants to hold Royal liable. A distinction between a surety and a co-surety is that only a co-surety is entitled to Which of the following acts will always result in the total release of a compensated surety? Which of the following defenses would a surety be able to assert successfully to limit the surety's liability to a creditor? Ingot Corp. lent Flange $50,000. At Ingot's request, Flange entered into an agreement with Quill and West for them to act as compensated co-sureties on the loan in the amount of $100,000 each. Ingot released West without Quill's or Flange's consent, and Flange later defaulted on the loan.Which of the following statements is correct? Which of the following rights does a surety have? Batch Department store sold a refrigerator to Conrad for his home. Conrad agreed to installment payments and Batch had him sign a security agreement. Batch did not file a financing statement. After having the refrigerator in his home for a time, Conrad quit making payments and sold it to Backus for use in her home. Backus was unaware that Conrad still owed Batch for the refrigerator. Batch is now seeking to get paid for the balance owed or to repossess the refrigerator. Which of the following statements is correct? Under the Secured Transactions Article of the UCC, a secured party generally must comply with each of the following duties except: Acorn Marina, Inc. sells and services boat motors. On April 1, Acorn financed the purchase of its entire inventory with GAC Finance Company. GAC required Acorn to execute a security agreement and financing statement covering the inventory and proceeds of sale. On April 14, GAC properly filed the financing statement pursuant to the UCC Secured Transactions Article. On April 27, Acorn sold one of the motors to Wilks for use in his charter business. Wilks, who had once worked for Acorn, knew that Acorn regularly financed its inventory with GAC. Acorn has defaulted on its obligations to GAC. The motor purchased by Wilks is Under certain conditions, perfection of a security interest is accomplished by completing attachment with no further steps required. Which of the following qualify? Hoover is a holder in due course of a check which was originally payable to the order of Nelson or bearer and has the following endorsements on its back: Which of the following statements about the check is correct? Under the Negotiable Instruments Article of the UCC, which of the following statements is(are) correct regarding the requirements for an instrument to be negotiable? Under the Negotiable Instruments Article of the UCC, which of the following defenses generally may be used against all holders of negotiable instruments? On November 10, Cutter, a dealer, purchased 100 lawnmowers. This comprised Cutter’s entire inventory and was financed under an agreement with Town Bank which gave the bank a security interest in all lawnmowers on the premises, all future acquired lawnmowers, and the proceeds of sales. On November 15, Town Bank filed a financing statement that adequately identified the collateral. On December 20, Cutter sold one lawnmower to Wills for family use and five lawnmowers to Black for its gardening business. Which of the following is correct? Cara Fabricating Co. and Taso Corp. agreed orally that Taso would custom manufacture a compressor for Cara at a price of $120,000. After Taso completed the work at a cost of $90,000, Cara notified Taso that the compressor was no longer needed. Taso is holding the compressor and has requested payment from Cara. Taso has been unable to resell the compressor for any price. Taso incurred storage fees of $2,000.If Cara refuses to pay Taso and Taso sues Cara, the most Taso will be entitled to recover is On February 15, Mazur Corp. contracted to sell 1,000 bushels of wheat to Good Bread, Inc., at $6.00 per bushel with delivery to be made on June 23. On June 1, Good advised Mazur that it would not accept or pay for the wheat. On June 2, Mazur sold the wheat to another customer at the market price of $5.00 per bushel. Mazur had advised Good that it intended to resell the wheat.Which of the following statements is correct? Under the UCC Sales Article, which of the following legal remedies would a buyer not have when a seller fails to transfer and deliver goods identified to the contract? Gray Fabricating Co. and Pine Corp. agreed orally that Pine would custom manufacture a processor for Gray at a price of $80,000.After Pine completed the work at a cost of $60,000, Gray notified Pine that the processor was no longer needed. Pine is holding the processor and has requested payment from Gray. Pine has been unable to resell the processor for any price. Pine incurred storage fees of $1,000.If Gray refuses to pay Pine and Pine sues Gray, the most Pine will be entitled to recover is In an action for breach of contract, the statute of limitations time period would be computed from the date of the Under the Sales Article of the UCC, which of the following rights is available to a seller when a buyer materially breaches a sales contract? Under the Sales Article of the UCC, which of the following statements regarding liquidated damages is(are) correct? Eagle Corporation solicited bids for various parts it uses in the manufacture of jet engines. Eagle received six offers and selected the offer of Sky Corporation. The written contract specified a price for 100,000 units, delivery on June 1 at Sky's plant, with payment on July 1, Sky refused to deliver claiming the contract price was too low. Eagle was unable to cover in a reasonable time. Its production lines were in danger of shutdown because the parts were not delivered.

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