Date of Award
2018
Document Type
Thesis
Degree Name
Master of Laws (LLM)
Abstract
This Thesis analyzes the bank transaction regarding cashing or accepting for deposit instruments over forged or unauthorized indorsements. Also, it investigates the development of conversion of instruments through the years and the courts’ contribution to the development. It examines the U.C.C. former section 3-419 and the courts’ reaction to the defense afforded to banks against an allegation of conversion and examines as well the current 3-420 and the reasons that led to the amendment. Besides all that, this Thesis discusses the banks’ defenses regarding Impostors and Fictitious Payees under § 3-404, Employer’s responsibility for fraudulent indorsement by his employee under § 3-405, and negligence contributing to forged signature or alteration of an instrument under§ 3-406. Eventually, it analyzes the courts’ recognition for the reasonable commercial standards that banks must exercise when they cash or accept for deposit instruments over forged or unauthorized indorsements.
Recommended Citation
Houssein, Anis A., "Exploring Banks' Duty of Care towards Non-Customers in U.C.C. Article 3 & 4" (2018). Maurer Theses and Dissertations. 54.
https://www.repository.law.indiana.edu/etd/54