[Previous] [Next]
§12A-3-406.
§12A-3-406.
NEGLIGENCE CONTRIBUTING TO FORGED SIGNATURE
OR ALTERATION OF INSTRUMENT
(a) A person whose failure to exercise ordinary care substantially
contributes to an alteration of an instrument or to the making of a
forged signature on an instrument is precluded from asserting the
alteration or the forgery against a person who, in good faith, pays
the instrument or takes it for value or for collection.
(b) Under subsection (a) of this section, if the person asserting the
preclusion fails to exercise ordinary care in paying or taking the
instrument and that failure substantially contributes to loss, the
loss is allocated between the person precluded and the person
asserting the preclusion according to the extent to which the failure
of each to exercise ordinary care contributed to the loss.
(c) Under subsection (a) of this section, the burden of proving
failure to exercise ordinary care is on the person asserting the
preclusion. Under subsection (b) of this section, the burden of
proving failure to exercise ordinary care is on the person precluded.
[Previous] [Next]