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What form of electronic transaction involves a contract between the issuer and the user and a contract between the issuer and the merchant?


A) PayPal transaction
B) credit card transaction
C) money card transaction
D) smart card transaction

E) C) and D)
F) None of the above

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Which statement is a valid criticism of electronic transactions?


A) Safeguarding transfer authority is a major challenge for e commerce.
B) Authorization codes are necessary in electronic messages.
C) There is a tradeoff between increased efficiency and the absence of rules.
D) Safeguarding transfer authority is a major challenge for customers.

E) A) and D)
F) None of the above

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Special endorsements stop the circulation of cheques and remove the risk of anyone else acquiring and cashing them.

A) True
B) False

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False

Which of the following would strongly support a refusal to honour payment to a holder in due course?


A) performance of contractual obligations
B) substandard goods
C) quantity of purchased goods
D) document alteration

E) A) and D)
F) None of the above

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With respect to the party bearing the risk where payment of goods is made by cheque,the risk is borne largely by the payment system.

A) True
B) False

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A negotiable instrument is markedly different from an ordinary assignment of contractual rights,where there can be any number of defences against paying.

A) True
B) False

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There are no defences available against a holder in due course.

A) True
B) False

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Which term refers to a document that contains a written promise to pay another person a specific amount on demand or at a specified date?


A) promissory note
B) cheque
C) debit card
D) credit card

E) All of the above
F) None of the above

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Which of the following describes the least restrictive form of endorsement by a holder of a negotiable instrument?


A) without restriction endorsement
B) endorsement in blank
C) special endorsement
D) open endorsement

E) C) and D)
F) B) and D)

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B

What is a consumer note and what are the implications of a negotiable instrument being classified as a consumer note?

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Historically,if a consumer bought goods ...

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Highland Bakery Inc.has forwarded a cheque to Prairie Flour Mills Ltd.to pay Prairie's invoice for the flour it recently delivered.Prairie will deposit the cheque into its account upon receipt.How will the actual cash payment represented by the cheque be credited to Prairie Flour Mills' account?


A) through the bank's bills of exchange clearance centre
B) through the instantaneous Internet transfer process
C) through the bank's centralized clearing process
D) through the FINTRAC centralized clearing process

E) A) and B)
F) A) and C)

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A cheque endorsed in blank may be cashed by whoever possesses it because,with this type of endorsement,the bank will consider that the signature is complete.

A) True
B) False

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Which of the following resulted from the reclassification of non commercial promissory notes,enacted to ensure payment is subject to claims arising from the original contract of sale?


A) bills of exchange
B) holder in due course
C) consumer notes
D) letters of intent

E) A) and C)
F) A) and B)

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Why is it risky to endorse a cheque in blank?


A) There may be insufficient funds in the account.
B) It can no longer be transferred.
C) Anyone can cash it.
D) It can no longer be deposited.

E) A) and B)
F) A) and C)

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Which position offers the most security: being a holder in due course of a cheque or an assignee under an assignment of a debt,and why?


A) the holder in due course because he or she are aware in advance of any issues between the drawer of the cheque and the payee
B) a holder in due course because he or she can enforce the cheque regardless of any issues between the drawer and payee
C) an assignee because the assignee steps into the shoes of the assignor
D) an assignee because the assignee can enforce the assignment regardless of any issues between the assignor and debtor

E) All of the above
F) None of the above

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A retailer who has made a substantial sale to an individual who paid cash need not be concerned whether or not the monies it received are the proceeds of a crime.

A) True
B) False

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What is required for an instrument to become negotiable?


A) It must be signed by the holder.
B) It must be drawn on a bank.
C) The obligation to pay must be unconditional.
D) It must be made out in blank.

E) A) and D)
F) A) and C)

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To which of the following is the bank's duty to maintain the secrecy of customer information subject?


A) fraud and forgery legislation
B) money laundering legislation
C) federal privacy legislation
D) provincial privacy legislation

E) A) and D)
F) C) and D)

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Which of the following would strongly suggest to a court that a bank has entered into a fiduciary relationship with its customer?


A) the non traditional provision of financial advice to its customer
B) FCAC regulations' onerous fiduciary duties on banks
C) CFSON regulations' onerous fiduciary duties on banks
D) an implied common law expectation of competent financial advice

E) A) and D)
F) None of the above

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A

Individuals who conduct contractual business with banks need to appreciate the importance of the contract and become familiar with their basic rights and obligations,and they should understand that not only is the contract written largely to protect the bank but also their bargaining power is very limited.

A) True
B) False

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