Pennsylvania Statutes

§ 3305 — Defenses and claims in recoupment

Pennsylvania·Title 13 COMMERCIAL CODE·Ch. 33 ENFORCEMENT OF INSTRUMENTS
(a)General rule.--Except as stated in subsection (b), the right to enforce the obligation of a party to pay an instrument is subject to the following:
(1)a defense of the obligor based on:
(i)infancy of the obligor to the extent it is a defense to a simple contract;
(ii)duress, lack of legal capacity or illegality of the transaction which, under other law, nullifies the obligation of the obligor;
(iii)fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms; or
(iv)discharge of the obligor in insolvency proceedings;
(2)a defense of the obligor stated in another section of this division or a defense of the obligor that would be available if the person entitled to enforce the instrume

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Pennsylvania § 3305 (Defenses and claims in recoupment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Cross References.Section 3305 is referred to in sections 3302, 4207, 9403 of this title.

Nearby Sections

12
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