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As a rule, no person is liable on the instrument whose signature doesrnot appear thereon, thus: a. One is liable whose signature was forged but is precluded from setting up forgery as a defense. _ b. One is liable for accepting a bill of Iading on a separate piece of paper. c. One is liable for an unconditional promise in advance to accept a bill of exchange before it is drawn. d. One who signs using a trade name or assume name is liable as if he had signed in his own name

Question

As a rule, no person is liable on the instrument whose signature doesrnot appear thereon, thus: a. One is liable whose signature was forged but is precluded from setting up forgery as a defense. _ b. One is liable for accepting a bill of Iading on a separate piece of paper. c. One is liable for an unconditional promise in advance to accept a bill of exchange before it is drawn. d. One who signs using a trade name or assume name is liable as if he had signed in his own name

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Solution 1

The liability of a person on an instrument is generally determined by their signature on the document. Here's a breakdown of the scenarios you've provided:

a. If a person's signature was forged on an instrument, they are generally not liable because they did not personally engage in the contract. However, if they are precluded from setting up forgery as a defense, it means they cannot claim that the signature is not theirs to avoid liability. This could happen due to various reasons such as ratification of the forged signature.

b. Accepting a bill of lading on a separate piece of paper does not necessarily make one liable on the instrument. The bill of lading is a separate document that represents goods in transit. Unless the person has signed an instrument that obligates them in relation to the goods, they are not liable.

c. If a person makes an unconditional promise to accept a bill of exchange before it is drawn, they could be liable. This is because they have made a commitment to accept the bill, which could be enforced against them.

d. Signing an instrument using a trade name or assumed name does not absolve a person from liability. If the person can be identified as the one who signed the instrument, they are liable as if they had signed in their own name. This is because the law looks at the substance of the transaction rather than the form.

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Solution 2

The liability of a person on an instrument is generally determined by their signature on the document. Here's a breakdown of the scenarios you've provided:

a. If a person's signature was forged on an instrument, they are generally not liable because they did not personally engage in the contract. However, if they are precluded from setting up forgery as a defense, it means they cannot deny liability on the basis of the forgery. This could be due to various reasons such as ratification of the forged signature or estoppel.

b. Accepting a bill of lading on a separate piece of paper does not necessarily make one liable on the instrument. A bill of lading is a document issued by a carrier to a shipper, acknowledging that specified goods have been received on board as cargo. The liability would depend on the terms of the bill and the nature of the acceptance.

c. An unconditional promise to accept a bill of exchange before it is drawn could make one liable. This is because they have made a commitment to accept the bill, which is a legally binding agreement.

d. Signing an instrument using a trade name or assumed name does not absolve one from liability. The law often treats business entities and their owners as separate legal entities. However, if a person signs an instrument in a trade or assumed name, they are generally liable as if they had signed in their own name. This is because the signature signifies their agreement to the terms of the instrument, regardless of the name used.

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