Question

Marissa gives Larry a check in payment for a computer that she is buying from him. She writes the check to Cash. Larry then gives the check to Gary Graduate his nephew, without indorsing it, as a graduation gift. Marissa then stops payment on the check because she claims that Larry breached the contract. When the check bounces, Gary makes a claim against Marissa for the amount of the check. Marissa responds that Gary cannot collect on the check since Larry breached the contract. What type of defense is this

Answer 1

Answer: personal

Explanation:

Based on the information given with regards to the question, this is a personal defense. A personal defense occurs when there's a breach of contract whereby there was issuing of the negotiable instrument.

In this case, Marissa writes the check to Cash but Larry then gives the check to Gary Graduate his nephew, without indorsing it, as a graduation gift