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Real Defense

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American National University | REAL DEFENSE | A Course of Action Against A Holder in Due Course | Marcus Bozeman
2-23-2016
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REAL DEFENSE
A Couse of Action against the Holder in Due Course

Defenses available against a Holder In Due course are Real Defenses. A Real Defense also known as a Universal Defense is a defense that can be used against any including a holder in due course. The understanding of what a real defense is not related to a transactions merits but actually to its nature as a legal act. The holder in due course is meant to be unaffected by any defenses between the immediate parties, real defense run counter to the considerations of the holder in due course and pressures the negotiable principle to yield. Real defenses include infancy and mental incompetence, illegality, duress, fraud as to the essential nature of the transaction, bankruptcy, unauthorized signature, and alteration (Brown & Sukys, 2013). These are the most common Real Defenses. The requirement to pay an instrument does not exist if there is a real defense.
Infancy and mental incompetence also known as Incapacity is built around the fact that a given individual may not have the authority to negotiate an instrument, even if they believe that they know what they are doing. That person may be a minor who by law can’t enter into contract and be held responsible or someone that is mentally incompetent and legally not able to enter into enforceable contracts.
Illegality, means that an instrument can’t be executed if it is connected with any illegal activities. Ignorance to the fact that an illegal act is attached to the instrument in question is not excuse for the holder in due course.
Duress is another real defense. Having an instrument drawn up against the will of the maker or drawer because of threats of force or bodily harm (Brown & Sukys, 2013). For

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