Personal defenses, straight edge knife set - For You

Categories: Ultra Thin Folding Knife | Author: admin 23.09.2013

As with any other form of contract, there will be those who issue negotiable instruments, but later want to cancel those instruments for any of a myriad of possible reasons.At the very least, there will be many instances under which the maker or issuer of a negotiable instrument will want to avoid payment on that instrument, and will thus attempt to mount a defense against paying that instrument. Largely for this reason, negotiable instruments are used frequently and passed liberally from one person to another.
Personal defenses will protect the defending party from payment to ordinary holders, but which will not penetrate the rights of a holder in due course (HDC).
The issuer may still be able to obtain restitution from that first recipient in some fashion, however, through a civil law suit, but the personal defense would not affect this.Most personal defenses are based on similar grounds to a universal defense, but are often less strongly determined. In other words, personal defenses will often protect the defender from the first party to hold a negotiable instrument after it is issued, but if that instrument is then transferred to any other party that fills the requirements for being an HDC, then the defending party will not be able to avoid payment to that party. For instance, while a universal defense might be made based on the grounds that the negotiable instrument was issued with a forged signature, it could not be made based on the grounds that the recipient of the negotiable instrument was pretending to be someone else.

Breaches of contract such as this are a very common form of personal defense from paying claims on negotiable instruments.
For example, if the seller's goods never actually reach the buyer, perhaps because they are stolen along the way, or the boat they are being shipped on sinks, then the buyer would have a defense under lack of consideration to avoid paying the negotiable instrument he or she had offered to the seller. Fraud This type of defense is also referred to as fraud in the inducement, or ordinary fraud. A defending party can mount this defense if he or she issues a negotiable instrument based on false or fraudulent information given to him or her by the receiving party. But if the buying party were to discover that the selling party had knowingly lied in these statements, that the car is actually old and very faulty with many miles on its odometer, then the buying party would have a right to employ this defense against paying the selling party.
Again, however, as in all personal defenses, if the selling party had then in turn sold the negotiable instrument to a holder in due course, then the buying party would still have to pay the HDC.

Illegality Illegal transactions that result in the transaction’s status as voidable, as opposed to outright void, would be grounds for a personal defense. The difference between something that is void and something that is voidable is generally that a void item is considered to have been void from the moment of creation, thus supporting a universal defense against any payments on a void negotiable instrument.

Knife holsters
Knife sharpener with suction