An Analysis of Bank Defenses to Check Forgery and Alteration Claims Under Uniform Commercial Code Articles 3 and 4: Claimant's Negligence and Failure to Give Notice

Authors

John W. Hinchey

Document Type

Article

Abstract

In addressing the dual issues of check forgeries and alteration claims faced by many banks, the Uniform Commercial Code sets forth a system of rights and obligations to remedy these problems. In addition, Articles Three and Four also present an array of bank defenses, the availability of which are largely determined by the bank's position in this system. In this article, the author analyzes the inconsistencies and uncertainties inherent in this framework, and determines that there is much room for creativity on the part of banker's counsel in this area.

Recommended Citation

John W. Hinchey An Analysis of Bank Defenses to Check Forgery and Alteration Claims Under Uniform Commercial Code Articles 3 and 4: Claimant's Negligence and Failure to Give Notice, 10 Pepp. L. Rev. Iss. 1 (1982)
Available at: https://digitalcommons.pepperdine.edu/plr/vol10/iss1/1