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Writing Checks Chapter 32 Business & Personal Law
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Checks Draft drawn on a bank Payable on demand
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Bank’s Duty Pay the check Failure is breach of contract with depositor
if sufficient funds Failure is breach of contract with depositor liable for damages Suit must be by depositor
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Stale Check More than 6 months old Bank may refuse to pay
bank’s option
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Writing Checks need not be on form
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Parties drawer – check writer drawee – bank that has to pay
payee – person to whom check is written
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Negligence Drawers are liable for altered or forged checks
IF their negligence contributed to the alteration or forgery. Don’t write in such a way that numbers can be added or altered. Fill in unused space with a line. Words take precedence over numbers.
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Don’ts Don’t sign a blank check.
Don’t change a check once it has been written. Do write “void” across the face of a spoiled check.
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