Michael Issues a Check to Paula

question 28

Essay

Michael issues a check to Paula. She negotiates the check to Hal as payment for a used television set. Hal has no notice of any claims or defenses and takes the check in good faith. Hal indorses the check and gives it to his son as a birthday present. Is Hal's son a holder in due course? What rights does he have with respect to the check? If Michael has a defense of fraud in the inducement against Paula, can he use that defense against Hal or Hal's son?

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Definitions:

Absolute Refractory Period

A period immediately following the firing of a nerve fiber when it cannot be stimulated for a brief period, regardless of how strong the incoming stimulus may be.

Relative Refractory Period

A period shortly after the firing of a nerve during which the nerve cannot be stimulated to fire again at its maximum rate, but can still respond to a stronger than usual stimulus.

Firing Rate

The frequency at which a neuron discharges electrical impulses over a certain period of time.

Absolute Refractory Period

The period immediately following an action potential during which a neuron is completely unable to fire another action potential, regardless of the strength of the stimulus.