Chapter

Are Checks Ever Transferred?

James Steven Rogers

in The End of Negotiable Instruments

Published in print December 2011 | ISBN: 9780199856220
Published online January 2012 | e-ISBN: 9780199919574 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199856220.003.0007
Are Checks Ever Transferred?

More Like This

Show all results sharing this subject:

  • Company and Commercial Law

GO

Show Summary Details

Preview

Law texts routinely present hypotheticals in which a check drawn by one person payable to another is indorsed and transferred by the payee to some other person. In fact, checks are hardly ever transferred outside the banking system. This chapter shows that the concept of transfer is completely unnecessary in the law of the check system. The chapter surveys reported decisions involving forged indorsements, showing that there are essentially none in which a check was actually transferred from person to person outside the banking system. The chapter shows how the confusion over check transfer has distorted the profession’s understanding of the role of negligence in the basic rules for allocation of losses from check fraud.

Keywords: negotiable instrument; check; indorsement; forgery; negligence

Chapter.  7728 words. 

Subjects: Company and Commercial Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.