BUSINESS LAW QUIZ –Negotiable Instruments Law Part I 1. The drawee is not primarily liable a. Cashier’s check b. Manager’s check
c. Certified check d. Traveler’s check
2. If the instrument is payable to the order of a third person a. He is liable to all parties subsequent to the payee b. He is not liable to the party c. He is liable to the payee and to all subsequent parties d. He is liable to all parties subsequent to the marker or drawer. 3. Which of the following is not negotiable? a. Pay to D or order P10, 000 on or before Dec.31, 1997 (Sadie) b. Pay to A or order P10, 000 Notice of Dishonor waived (Sgd. B) c. Pay to B or order P5, 000 or deliver two horses at the option of the holder (Sgd.D) d. Pay to C or order P10, 000 and to deliver 10 sacks of rice (Sgd. D) 4. A bill of exchange drawn on a bank and payable on demand is a. Check c. Domestic bill b. Treasury d. Bill of lading 5. Which is not correct? The acceptor by accepting the instrument a. Admits the existence of the payee and his capacity to indorse b. Admits the existence of the drawee, the genuiness of his signature and his capacity and authority to draw the instrument c. Engages that he will pay is according to the tenor of his acceptance d. Admits the existence of the endorser, the genuiness of his signature and his capacity and and authority to indorse instruments. 6. Case 1: Angel buys a diamond ring for P50, 000 for which he issued a check. Later Angel found out the diamond to be an ordinary glass. Case 2: Ben obtains the signature of Cris for autograph purposes. Ben writes a promissory note above Cris’s signature and indorses the note to Dan, a holder in due course. a. Real defense in Case 1, personal defense in Case 2; b. Personal defense in Case 1, real defense in Case 2; c. Real defense in both cases; d. Personal defenses in both cases. 7. Maturity of undated negotiable instrument issued payable 30 days after sight is computed from a. Date of first indorsement; b. Date of last indorsement; c. Date for first presentation for acceptance d. Date of issue 8. When a negotiable instrument payable to order? a. When payable to the order of a specified person or to him or his order b. When payable to the order of a fictitious person or non-existing person and such a fact was known to the person making it so payable; c. When the name of the payee does not purport to be the name of a person. d. When only or last indorsement is in blank. 9. Which of the following is not a characteristic of a bill of exchange? a. Original parties are the drawer, drawee and payee; b. Acceptance is generally required; c. Drawer is primarily liable; d. Contains an unconditional order to pay. 10. A holder in due course has the following rights, except: a. He may receive payment and if in due course, the instrument is discharged; b. He may sue on the instrument in his own name; c. He can recover on the instrument d. He holds the instrument as if it were non-negotiable
11. Which is not correct? The acceptor by accepting a negotiable instrument a. Admits the existence of the payee and his capacity to endorse.
b. Admits the existence of the drawer, the genuiness of his signature and his authority to draw the instrument. c. Admits the existence of the endorser, the genuiness of his signature and his authority to draw the instrument. d. Admits that he will pat it according to the tenor of his acceptance. 12. 1st statement: A check must be presented for payment within a reasonable time after it issue or the drawer will be discharged from a liability thereof. 2nd statement: Where the holder of a check procures it to be accepted or certified, the drawer and all endorsers are discharged from liability thereof. a. only the 1st statement is true c. both statements are not true b. only the 2nd statement is true d. both statements are true 13. A makes a note payable to B or order. The following are the indorsers of the note in the order of their endorsement: B, C, D, E, F (holder) and G (subsequent holder).The note is dishonored in the a Hand of F, who notifies B, C, D and E.Which, is not correct? a. The notice given by F to B operates to the benefit of C, D, E and G b. The notice to C insures to the benefits of D, E and G c. The notice insures to the benefits of B d. The notice to D insures to the benefits of E and G 14. Which of the following instruments is negotiable? a. Pay to bearer C P 10,000. Reimburse yourself out of the rental of my house in Manila. To B (Sgd) A b. Pay to C P 10,000 or his order out of the rental of my house in Manila. To B (Sgd) A c. Pay to C P 10,000 and reimburse yourself out of the rental of my house in Manila. To B (Sgd) A d. Pay to the order of C P10, 000.Reimburse yourself out of the rental of my house in Manila. To (Sgd) A 15. Which of the following is a negotiable Bill of Exchange? a. Pay to order of X the sum of P 20,000(Sgd.) Y To: A and B b. Pay to the order of Y the sum of P 30,000 (Sgd) X To: A or his absence to B c. Pay to the order of X or Y the sum of P 40,000 (Sgd) C To: A or B d. Pay to the order of Y the sum of P50, 000 (Sgd) X To: A and B 16. A check for Fifty Thousand Pesos (P 50,000) was drawn against drawee bank and made payable to XYZ or order. The check was deposited with payee’s account at ABC Bank which then sent the for clearing to the drawee bank. The drawee bank refused to honor the check on the back ground that the serial number thereof had been altered. Is the refusal of the bank justified? a. Yes, it is material alteration which affects the negotiability of the instrument. d.No, it is not a material alteration and the negotiability of the instrument is not affected. c. Yes, because of forgery of the check. d. No, because there is in fact no alteration of the check 17. Where the negotiable instrument is so ambiguous that there is doubt whether a bill or note, the holder may treat it as either at his choice. Lack of consideration is a personal defense which is only available between immediate parties or against parties who are not holders in due course. a. Both statements are false. b. First is true, second is false. c. Both are true. d. First is true, second is true. 18. X draws a check against his current account with ABC bank in favor of B. Although X does not have sufficient funds; the bank honors the check when presented for payment. Apparently, and X has conspired with the bank’s bookkeeper so that his ledger card would show that he has sufficient funds. a. Yes, because X has no sufficient funds with the bank. d.No, because the bank as acceptor became primarily liable to B. c. No, because B was not in good faith as payee. d. Yes, because of solution debit.
19. For the purpose of lending his name without receiving value therefore, A makes a note for P1M payable to the order of B who in turn negotiates it to C, the latter knowing that A is not a party for value. May C recover from A if the latter alleges absence of consideration? a. Yes, because an accommodation party is liable to a holder for value. b. Yes, because an accommodated party is liable to a holder for value. c. No, because the holder is not a holder in due course due to his knowledge of the absence of consideration. d. No, because absence of consideration is a personal defense. 20. Supposing under the same facts, A pays C, can he recover from B? a. No, because as maker he is the principal debtor. b. No, because as accommodation maker he is deemed the donor of B. c. Yes, because as accommodated party is the one ultimately liable. d. Yes, because payment by the accommodation party discharges the instruments. 21. M makes a promissory note payable to bearer and delivers the same to P who endorses it to X in this manner: “Payable to X. Signed: P “ Later X, without indorsing the note delivers the same to B.The note subsequently dishonored by M. May Y proceed against M for the note? a. No, because the special indorsement of P made the bearer note payable to order. b. Yes, because a bearer instrument remains as such despite a special indorsement. c. Yes, because although there was no recognition due to lack of indorsement, Y remains the assignee of the note. d. No, because Y is not considered holder for lack of proper endorsement. 22. An instrument is not negotiable if the day and the month, but not the year of its maturity is given. Where the drawees are in the alternative or in succession, the instrument is not negotiable. a. Both statements are true. b. Both are false. c. First is true, second is false. d. First is true, second is true. 23. A delivers a bearer check to B. B then specially indorses it to C and C later indorses it in blank to D. E steals the check from D and forging the signature of D, succeeds in “negotiating” it to F, who acquires the same in good faith and for value. If, for any reason, the drawee bank refuses to honor the check, can F enforce the check against A? a. No, because of the forgery in the indorsement of D, F did not acquire title over the check. b. Yes, because despite the forgery in the indorsement of D, F acquired title to the instrument. c. Yes, because a holder in due course can always enforce the instrument against all parties liable thereon. d. No, because forgery is a real defense which can be put up even against a holder in due course such as F. 24. Which of the following is not an effect of a crossed check? a. The check may not be encashed but only deposited in a bank. b. The check may be negotiated only once to one who has bank account. c. The act of crossing a check serves as a warning to the holder that the check has been issued for a definite purpose so that he must inquire if he received the check pursuant to that purpose otherwise; he is not a holder in due course. d. The indorse remains a holder in due course even if he does not inquire into right of the indorser to the check. 25. A issued an order promissory note to B who indorses it to C.D stole the note from C and forging the instrument of C, “negotiates “it to E who also indorses it to F, the holder in due course. Can F enforces the note against A, B, C? a. Yes, because he is a holder in due course who holds the instrument free from defenses available to prior parties among themselves. b. No, because he did not obtain title to the note because of the forgery in the indorsement of C to D c. No, because all prior parties are not liable to F because of the forgery. d. Yes, because he is a holder in due course who holds the note free from defects of the title of prior parties. 26. Based on the same facts as aforementioned, can F enforce the note against E? a. Yes, because E is party subsequent to C whose endorsement was forged and as indorser. b.Yes, because he is at fault for taking the note from the forger D. c. No, because all parties prior to him are not liable because of forgery. d. No, because E was also a victim who obtained the note from the forger and who himself cannot proceed against A, B and C.
27. A issued to B a check for P 50,000 as payment for the car. Without the knowledge of A, B altered the amount to 150,000 and deposited the said check with X bank which forwarded the same to Y bank for payment bank without noticing the alteration, paid the check, debiting the amount from account of A. Which of the two banks shall suffer the loss? a. X bank, as indorser to Y bank, warrants the correctness of the amount. b. Y bank, as acceptor bank shall be liable for the loss. c. Both banks are jointly liable to A. d X bank initially but with right of reimbursement from Y bank. 28. Supposing in the above example, there was no alteration except for the forgery of A’ signature by B, who shall suffer the loss? a. X bank, as indorser to Y bank, warrants the correctness of the amount. b. Y bank, as acceptor bank shall be liable for the loss. c. Both banks are jointly liable to A. d .X bank initially but with right of reimbursement from Y bank. 29. Supposing further, that there was a forgery only in the indorsement to B as payee, that was made by another person, Z who deposited the check with his bank (X), who shall suffer the loss? a. X bank, as indorser to Y bank, warrants the correctness of the amount. b. Y bank, as acceptor bank shall be liable for the loss. c. Both banks are jointly liable to A. d. X bank initially but with right of reimbursement from Y bank. 30. A issued negotiable promissory note to B with the authority to fill up for P1, 000 only B in violation of his contract with A wrote P 5,000 .B negotiated the note to C who had knowledge of the infirmity turn in indorsed it to D who had no knowledge of the said affirmity.Can D enforce the note against A and for how much? a. D cannot make A liable because of the fraud committed by B and therefore A has a defense. b. D can make A liable but only for P1, 000 c. D can make A liable for the whole amount of P5, 000. d. D cannot make A liable but only B and C. 31. Supposing D indorses the note to E for value but who has knowledge of the infirmity, can the latter enforce the note against A? a. No, because E is a holder not in due course. b. Yes, because he is a holder in due course. c. No, because A has a personal defense against him. d.Yes, because although he is not a holder in due course because of his knowledge of the infirmity in the instrument, he acquires all the rights of a holder in due course for having taken the note from D, a holder in due course. 32. The holder is required to give notice of dishonor to the drawer to make him liable on the instrument in one of the following cases: a. Where the drawer is the person to whom the instrument is presented for payment; b. Where the drawer and the drawee are the same persons; c. Where the drawer has countermanded payment. d. Where the instrument was accepted for his accommodation. 33. The negotiable instrument is not discharged a. When the principal debtor becomes the holder thereof before, at or after maturity in his own right. b. By the intentional cancellation thereof by the holder; c. When it is paid in due course by the principal debtor; d. When it is in due course paid by the party accommodated where the instrument was made or accepted for his accommodation. 34. Where an endorser waives the benefit of any law intended for his advantage such as notice of dishonor, his indorsement is a. Conditional c. Restrictive b. Qualified d.Facultive 35. Which of the following is not negotiable? a .I promise to pay A or order P20, 000(Sgd.D) b. I promise to pay to the order of A P20, 000(Sgd.D) c. I promise to pay bearer P10, 000 on June 28(Sgd.D) d. I promise to pay to the order of the bearer P1, 000 (Sgd.D)
36. A makes a promissory note to B as follows: I promise to pay B or bearer P1, 000 on demand” (Sgd.A) After the issue to B, B negotiates it to C by mere delivery C to D by mere delivery, and D to E by special indorsement and E to F also by special indorsement and F negotiates it to G by blank indorsement, as holder strikes out the special indorsement of D to E and E to F.What are the effects of striking out the said indorsement? Effect 1: D and E are discharged from liability because it was their indorsements which were stricken put by G as not necessary to his title. Effect 2: Subsequent indorser F is also discharged from liability because his right of recourse has been cut off by the discharge of D and E. a. Both effects are true c.First is false, second is true b.Both is false d. First is true, second is false 37. A issued a note to be who did not deliver his promised consideration to A. B indorsed it to C, who is a holder in due course’s indorsed it to D who knew of the failure of consideration. Can D collect from A? a. No, because D is not a holder in due course. b. No, although D is acquired the rights of C, a holder in due course. c. No, because he knew of the failure of consideration. d .Yes, because he acquired the note for a consideration. 38. M makes a note for P10,000 payable to the order of C who indorses it to A. F obtains possession of the note fraudulently, forges the indorsement of A, alters amount to P70, 000 and endorses it to B who in turn endorses it to C .In this case: a. C can enforce the note against A. b. C cannot enforce the note against any party to the note. c. C can enforce the note against M and O. d. C can enforce the note against B. 39. Which of the following is not secondarily liable? a. Drawer b.Indorser
c .Payor for honor d. Accept for honor
40. A promissory note for P2M is indorsed as follows: Which of them is not proper indorsement? a. Pay to A P1M and B P1M.Sgd. P b. Pay to A and B P2M.Sgd.P c. Pay to A or B P2M.Sgd.P d. Pay to A P1M Sgd. P. The P1M for the residue of the note already paid. 41. Which of the following is a real defense? a .Fraud in inducement b.Fraud in factum c. Acquisition of the instrument by force d. Acquisition of the instrument for illegal consideration. 42. Which of the following is not negotiable for the reason it is not payable at determinable future time? a. One week after X passes the CPA BE, I promise to pay to the order of Y P10.000.Sgd.Z. b. Thirty days after demand, drawer Z directs Drawee X to pay Y or order P10, 000. c. Ten days after the death of X, I promise to pay to the order of Y P10, 000.Sgd.Z. d. On or before Oct.31, 1998, I promise to pay to the order of Y P10, 000.Sgd.Z. 43. The following instances when a bank may refuse to honor a check drawn against it, except one: a. Drawer has countermanded payment b. Drawer’s insufficient funds. c. Drawer has become insolvent d. Bank obtains knowledge of drawer’s death. 44. A issues a bill to the order of B. Later B, without indorsing the bill, transfers for consideration said bill to C. The following except one are the valid effects of the transfer: a C acquires the right to have indorsement of B. b. The bill is merely assigned not negotiated. c. C has become a holder for value.
45. An instrument is indorsed as follows: Pay to A, for B (Sgd) C.Then A indorsed the instrument to D in payment of his personal loan obtained from the latter. Was D in good faith as holder thereof? a. Yes, because he is a holder in due course. b. Yes, because the instrument was negotiable when indorsed to him. c. No, because of the absence of B’s consent to the negotiation to D. d.No, because of the knowledge of D that A was only a trustee in favor of B without right to negotiate the instrument for his personal benefit. 46. Which of the following is not negotiable instrument? a. I find myself to pay B or bearer P1M. (Sgd)M. c .I obliges to pay or order P1M. (Sgd)M. b. I acknowledged being indebted to P for P1M. d. I agree to pay P or bearer P1M on (Sgd)M. demand. (Sgd)M. 47. Which of the following is not a personal defense? a. Absence of consideration b. Forgery signature
c. Non-delivery of a complete instrument d. Delivery of an incomplete instrument
48. If the drawee destroys the bill upon presentment for acceptance in payment of his personal loan obtained from the latter. Was D in good faith as holder thereof? a. He is deemed to have dishonored the bill. b. The holder may treat the instrument as a promissory note. c. The holder may not go after the secondarily liable parties. d. The drawee has impliedly accepted the bill. 49. One of the requisites for a holder in due course that is he became the holder of the instrument before it was overdue. The payee of the note issued by a maker is therefore a holder not in due course if it was issued when already overdue. In acceptance for honor, the acceptor for honor must not be a party to the instrument unlike a payor for honor who may be a party therein. a. Both statement are false c.First is false, second is true b.Both is true d. First is true, second is false 50. It is at the option of the holder if he will resort to the referee in case for need for payment of the instrument in the same way that the holder has the option to have the acceptance of the acceptor for honor. The drawer may insert “without recourse” on the face of the instrument to negative or limit liability just like a qualified indorser may also state in his indorsement “without recourse”. a. Both statement are false c.First is false, second is true b.Both is true d. First is true, second is false 51. In all case of restrictive indorsement, the instruments become non-negotiable. Conditional indorsement does not give the maker or the drawee the option to disregard the conditional and make payment to the holder. a. Both are false statements. c.First is false, second it true b. Both are true c. First is true, second is false 52. Which of the following instances does not discharge an instrument? a. Payment by the maker of promissory before the maturity date. b .Intentional cancellation of the instrument by the holder thereof c. Payment by the primarily liable to the holder of his agent. d. Voluntary surrender of the instrument to the party primarily liable. 53. Which of the following is not negotiable? a. X promises to pay to the order of P in dollars at the rate of exchange prevailing on October 30, 2000 the amount of P1M. b. X promises to pay to the order of P P1M with 12% interest c. X promises to pay to the order of P P1M in installments d. X promises to pay to the order of P P1M in equal installments the first installment due on Jan. 20, 2000 and the second due on Jan.28, 2001.
54. A issues a bill to the order of J.J indorses it to P and P indorses it to M, M to R and R to S, the holder now of the bill. Which of the following is not true, if S decides to strike out any indorsement? a. If S cancels the indorsement of P; P is relieved from liability b If S cancels the indorsement of J; J, P, M and R are relieved from liability c. If S cancels the indorsement of P; P, M and R are relieved from liability d. If S cancels the indorsement of M; M and R are relieved from liability 55. “Pay to A, Notice of dishonor waived. (Sgd) P”. is an example of a. Qualified indorsement c. Restrictive indorsement b. Special indorsement d. Facultative indorsement 56. The following are some of the functions of negotiable instruments. Which is not included? a. It increases the purchasing power in c. It is a substitute for money circulation b. It increases credit circulation d. It is legal tender 57. This instrument is negotiable: a. “I promise to pay P10, 000(Sgd) M” b “Pay to P order P10, 000 if he marries X. (Sgd) M.” c. “Good to P or bearer P1M. (Sgd) M”. d. “I promise to pay P order P1M or deliver to him one BMW. (Sgd)M. 58. This is not negotiation of negotiable instrument a. Assignment b Delivery of bearer instrument c. Indorsement completed by delivery of an instrument d. Delivery of an instrument to the payee 59.”I promise to pay to bearer, Juan dela Cruz, the sum of P1M.Sgd.M”.The promissory note is a. Negotiable instrument payable on demand b Negotiable promissory note payable to bearer c. Negotiable instrument payable to order d. Non-negotiable promissory note 60. M makes a promissory note payable to the order of P in the amount of P30,000.P negotiates the note to A, who with the consent of P raises the amount to P30, 000 and thereafter endorses it to B, B to C and C to D, a holder in due course. In this case: a. D can recover P3, 000 from M; b D can recover P30, 000 from M; c. P and A are liable to D P3, 000 d. B and C are not liable to D. 61. Which of the following is negotiable instrument? a. Letter of credit c. Certificate of time deposit b. Treasury warrant d. Postal money order 62. A and B have business arrangements wherein the latter would lend money to another through A who would appear in the promissory note as the lender. A would indorse the note to B.Is there an accommodation party in the transaction between A and B? a. A is the accommodation party for signing in behalf of B b D can recover P30, 000 from M; c. P and A are liable to D P3, 000 d. B and C are not liable to D. 63. An irregular indorser as distinguished from a general indorser: a. He becomes the guarantor of the primarily liable party b He is not a party to the instrument but signs to add credit to the instrument. c. He is a regular party to the instrument and signs upon delivery of the instrument. d. He signs the instrument for valuable consideration.
64.Due to the threat of C to his life if he does not pay his debt ,both D and C went to E from whom D requested a promissory note in the amount of P10,000.00.Fearing that C would kill D,E acceded to the request. She affixed her signature on a piece of paper with the assurance of D that he will just fill it up later. D then filled up the blank paper, making a promissory note in the amount of P100, 000.00 and indorsed the same to C who accepted it as payment of D’s debt. Which of the following is correct? a. E is liable for the whole amount of the note since she voluntarily issued the same. b. C is a holder in due course because D voluntarily indorsed a complete note to him. c. E is liable to C in the amount of P100, 000.00 as an accommodation party d. C is not a holder in due course. 65. A holder in due course is one who becomes the holder of a complete instrument. Therefore, if the maker issues an incomplete instrument to the payee, the latter is holder not in due course. In the hands of a holder not in due course the instrument is as if not negotiable and he holds the instrument subject to all defenses. a. Both statements are incorrect b. Both are correct c. Only in the first is incorrect d. Only the second is correct 66. A holder in due course is one who becomes the holder of an instrument not overdue. If the payee is issued an overdue instrument by the maker thereof, he is a holder not in due course. The negotiable character of an instrument is generally not affected by the indorsements thereof. a. Both are false statements d. Second is true b. Both are true c. First is true 67. Negotiable instrument as distinguished from negotiable document of title: a. There is no accumulation of secondary contacts b. It refers to the delivery of goods. c. There is a liability on the part of the indorser in case of non-delivery of the object of the contact d. It is governed by the civil code. 68. Where the holder of a check procures it to be certified, the following is discharged: a. Drawer c. Drawer and indorser b. Indorse d. None of the above 69. A check must be presented for payment within a reasonable time for the last negotiation thereof. Where check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance. a. Both are incorrect c. First is incorrect b. First is incorrect d. Both are correct 70. A person is secondarily liable on the instrument is the one who is absolutely required to pay the instrument. A check as a bill of exchange is not an assignment of funds with the bank to the credit of the drawer a. Both are false c. Second is true b. Both are true d. First is true
BUSINESS LAW QUIZ – NEGOTIABLE INSTRUMENTS LAW (PART II) MULTIPLE CHOICE 1. A negotiable instrument must contain a promise or order to pay a sum certain in money, except a.) Which must be payable to order or bearer c.) Which he must be unconditional promise or order b) That must be in writing d.) The payee must be identified. 2. The following are the functions of a negotiable instrument, EXCEPT: a.) It operates as a substitute for money b.)It is a means of creating and transferring credits c.)It facilities the sale of goods and increases the purchasing medium in circulation. d.)It is legal tender. 3. An instrument is payable to bearer except: a.) The only or last indorsement is in blank b) Payable to “CASH”
c.) It is payable to a specified persons or bearer d.) The payable to the order of the bearer.
4. An instrument is payable to specified person or entity is. a.) Negotiable because it complies with Section 1 of the law b.) Not negotiable because it must be payable to order or bearer c.) Negotiable because specified person is a payee or bearer. d.) Not negotiable because the payee is named. 5. A. An incomplete and already delivered instrument, if completed, and is negotiated to a holder a on due course, is valid and effectual for all purposes in his hands. B. Such holder may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time. a.)Both statements are true b.)First statement is false; second statement is true c.) Both statements are false d.) First statement is true; second statement is false 6.Where an incomplete instrument has not been delivered ,it will not ,if completed and negotiated without authority , be a valid contract as against any person whose signature was placed thereon before delivery in the hands of a a.)Holder in due course b.)Holder not in due course c.)Holder for value d.) Any holder 7. Where this instrument is in the hands of a holder in due course, a valid delivery thereof by all a party prior to him so as to make them liable is conclusively presumed. This refers to a) An incomplete and delivered instrument c) A complete and delivered instrument b) An incomplete and undelivered instrument d) None of the above 8. Distinction/s of a promissory note with a bill of exchange. a) Contains an unconditional order to pay c) The issuer is primary liable b) Involves three (3) parties d) Maybe payable to bearer 9. This kind of signature operates as notice that the agent has but a limited authority to sign. a) Blank signature c) Special indorsement b) Signature of procuration d) Forged signature 10. When a signature is forged or made without the authority of the person whose signature it purports to be, it is totally a) Blank signature c) Special indorsement b) Signature of procuration d) Forged signature 11.
Every negotiable a) Reason b.) Consideration
instrument
is
deemed
prima
facie to have been c) Contract d) Money or property
issued
valuable-
12. Where cause or consideration has at any time been given for the instrument, the holder is deemed a holder a) In due course c) Not in due course but for value b.) For value d) In due course and for value 13. Absence or failure of consideration is a matter of defense as against any person who is a) Holder in due course c) Holder for value b.) Not a holder in due course d) Not holder for value
14. A party who has signed the instrument as a maker, drawer, acceptor, or indorser, without
value therefore, and for the purpose of lending his name to some other person. a.) Accommodated party b.)Accommodation party c.)Drawee d.)Endorser 15. When an instrument is transferred from one person to another in such manner as to contribute the transferee the holder thereof: a.) Assignment b.)Negotiation c.)Endorsement d.)All of the above 16. A paper attached to a negotiable instrument where endorsements may be made a.)Allonge b.)Dorsal of back portion of the instrument c.) Face of the instrument d.) All of the above 17. An indorsement specifies no indorsee, and an instrument so indorsed is payable to bearer, and may be a.)Special b.)Blank c.) Restrictive d.) Conditional 18.”For a value received, I/We jointly and severally promised to pay A the sum of P1M, Philippine Currency, the said principal sum to be payable in 24 monthly installments starting on January 15, 2005 and every 15th of the month thereafter until fully paid.Sgd.J a.)This is negotiable because it is payable by stated installments b.)Not negotiable because it is not payable to order or bearer. c.) Not negotiable because it is payable to specified person. d.) Both B and C. 19. A bill of exchange is rendered non-negotiable if: a.)It is payable out of a particular fund. b.)There is an indication of a particular fund out which reimbursement is to be made c.) There is an indication of a particular account to be debited with the amount paid d.) Answer are not given 20. This does not constitute negotiation of an instrument: a.)Delivery of a bearer instrument b.)Indorsement completed by delivery of a bill payable to order c.) Assignment d.) Delivery of an instrument to the payee 21. A written instrument is not negotiable because it lacks an unconditional promise or order to pay a sum certain money. a.)Bill of Exchange b.)Bill of Lading c.) Manager’s Check d.) Promissory Note 22.”I promise to pay bearer or H the sum of P20, 000.00. (Sgd) C”. The promissory note is: a.)Negotiable note payable on demand b.)Negotiable note payable to order c.)Negotiable bill payable to bearer d.)Non-negotiable because it is payable to a specified person. 23. Feature/s of a bill of exchange not found in a promissory note: a) Unconditional order to pay c) Addressed to a drawee b) Written promise to pay d) Both (a) and (c) 24. A issued a promissory note to the order of B for P10,000.00 payable 30 days after date.Later,B indorsed it to C. Then, X stole the note from C and forged the signature of C (as endorser), then negotiated it to D and D to E, E to F, the holder. On maturity of the note, which of the following statement is not correct. a.)F can collect from either D or E because their signatures are genuine and the note is operative against them. b.)F can collect from A because she cannot put up forgery as her defense c.)F can collect from C because it was the latter’s signature which has forged d.)F cannot collect from B because he is a party prior to the forgery. 25. A holder of negotiable instrument may to sue thereon in his own name and payment to him in due course discharges it. a) Holder in due course c) Holder for value b) Holder NOT in due course d) All of them 26. Person not a party to a negotiable instrument. a.)Acceptor b.) Drawer
c.) Assignor
d.) Endorser
27. “I promise to pay to the order of C Php 10,000.00, 30 days after slight. (Sgd) S”. The promissory note is negotiable because it isa) Payable to the order of order of specific person c) Payable to bearer b) Payable at a fixed or determinable future time d) Letters (a) and (b) are correct
28. Which of the following is non-negotiable? a.)” I bind myself to pay B or bearer P10, 000.00(Sgd) C.” b.)Negotiable note payable to order c.)Negotiable bill payable to bearer d.)Non-negotiable because it is payable to a specified person. 29. A fan (E) obtains the signature of a starlet (G) by way of autograph. He prepared a negotiable | promissory note above the starlet’s signature. The note was validly negotiated to E who is a holder in due course. What defense can G avail against E? a.) Personal defense b.) Equitable defense c.)Real defense (forgery) d.)Qualified defense 30.”PAY TO W or her order US $10,000 only plus 2% interest (Sgd. J) - TO: X, Cashier.” a.)Not negotiable because the drawee is not named or indicated with reasonable certainty. b.)Negotiable because it complies with Section 1 c.)Not negotiable because the sum payable is not certain d.)Not negotiable because it is payable in foreign currency 31. Which of the following is not a personal defense? a) Absence of consideration b) Non-delivery of a complete instrument
c) Forgery of a signature d) Failure of consideration
32. An instrument is payable at determinable future time except: a.)Undated b.)Payable at a day certain after presentment c.)On or before certain definite given date d.) Before or after a specified and certain event e.) Letters (a) and (d) are not correct 33. “I PROMISE TO PAY PHP 5,000 OR DELIVER TWO (2) SACKS OF RICE, IF HE WANTS. (SGD.DONG) a.)Not negotiable because it requires an act in addition to the payment of money b.)Negotiable because it gives the holder an election to require something to be done in lieu of payment of money. c.)Not negotiable because the payee is not named. 34. Where an instrument is issued, accepted, or indorsed when overdue, it is, as regards the person is issuing, accepting, or indorsing it, payable a) At sight c) On demand b) At presentment d) All of the above 35. An instrument is payable to bearer except: a) P or poor bearer b) At presentment
c.)To the order of Spiderman d) All of the above
36. M signed a promissory note in favor of R promising to pay Php.10, 000.00 on Christmas Day of 2008.Who can sue on this note and enforce the obligation? a) Both of them c.) M only b) Forgery d) Neither M or R 37. “Pay to P only” is only an example of: a) Special indorsement b) Facultative indorsement 38. Which of the following is NOT a real defense? a) Incomplete or undelivered instrument b) Facultative indorsement
c.) Restrictive indorsement d.) Fraud in inducement c.) Material alteration d.) Fraud in inducement
39. A: A check is a bill of exchange drawn on a bank payable on demand or at a fixed determinable future time. B: A check must be presented for payment within six (6) months after its issue otherwise it becomes stale and the drawer will be discharged from liability. a.)Both statements are true b.)First statement is false; second statement is true c.) Both statements are false d.) First statement is true; second statement is false 40. A: A person whose signature does not appear on the instrument may be liable therefore. B: When the instrument is not dated, it will be considered to be dated as of the time it was drawn, made or endorsed.
a.)Both statements are true b.)First statement is false; second statement is true c.) Both statements are false d.) First statement is true; second statement is false 41. A: There is a valid payment when negotiable instrument is delivered and accepted by the creditor. B: Creditors are bound to accept checks in payment of obligation. a.)Both statements are true b.)First statement is false; second statement is true c.) Both statements are false d.) First statement is true; second statement is false 42. A: Liability of the endorser is primary. B: An instrument becomes an overdue after its date of maturity. a.)Both statements are true b.)First statement is false; second statement is true c.) Both statements are false d.) First statement is true; second statement is false 43. A: An instrument payable upon contingency is negotiable and the happening of the event cure the defect of the condition. B: An instrument where no time for is expressed is payable on demand. a.)Both statements are true b.)First statement is false; second statement is true c.) Both statements are false d.) First statement is true; second statement is false 44. A: An order or promise to pay out a particular fund is negotiable. B: An instrument which is payable to bearer is negotiated by indorsement plus the delivery of the instrument. a.)Both statements are true b.)First statement is false; second statement is true c.) Both statements are false d.) First statement is true; second statement is false 45. A: When a signature is placed upon the instrument that it is not clear in what capacity the person making the same intended to sign , he is deemed to be an indorsee. B: Where the instrument is payable to bearer, the payee may not be named or otherwise not indicated with reasonable certainty. a.)Both statements are true b.)First statement is false; second statement is true c.) Both statements are false d.) First statement is true; second statement is false 46. A: A holder in due course is one who possesses both legal and beneficial interest to the instrument and is subject to personal defenses only. B: A holder for value is an endorsee who has both the legal title and the beneficial interest to the instrument and is subject to both real and personal defenses against him. a.)Both statements are true b.)First statement is false; second statement is true c.) Both statements are false d.) First statement is true; second statement is false 47. A: The indorsement of the instrument by a minor passes the title there to not withstanding that a from want to capacity, the minor may incur no liability. B: A person whose signature does not appear on the instrument may be held liable thereon. a.)Both statements are true b.)First statement is false; second statement is true c.) Both statements are false d.) First statement is true; second statement is false 48. A: A note promising to pay B or order Php.10, 000, 30 days after Ms. W passes the CPA exams is negotiable. B: The indorsement need not to be written on the negotiable instrument itself. a.)Both statements are true b.)First statement is false; second statement is true c.) Both statements are false d.) First statement is true; second statement is false
49. An instrument is payable on demand when: a.) Expressed to be payable on determinable future time b.) After sight or presentation c.) Time for payment is expressed d.) Issued overdue 50. Which of the following is for deposit only? a.) Crossed check b.) Stale check
c.) Forged check d. Manager’s check
