Question

Mark is mentally incompetent and delights in signing documents. Henry persuades Mark to sign numerous promissory notes which he negotiates. Which of the following is true of this situation? Must Mark pay these notes if they have been held by holders in due course?

A. Mark must pay these notes since duress is not involved.

B. Mark does not have to pay these notes since he has a real defense.

C. Mark must pay these notes since there is a fraud in the inducement.

D. Mark must not pay these notes since no one could anticipate this happening.

Answer

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