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§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.
   

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