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Check Forgeries: Variations of Rules of Liability Based on Fault-U.C.C. Defense Sections 3-406 and 4-406

Abstract

This comment defines the operation of sections 3-406 and 4-406 of the Uniform Commercial Code. In applying these defense sections, issues have arisen which were not answered by the Code draftsmen. In many instances, the resultant judicial discretion has permitted withdrawal from the Code's endeavors to place losses caused by forgery upon the party most at fault and to attain uniformity among the states.

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12 Ariz. L. Rev. 417 (1970)

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