Part I will argue that certainty is especially important in the law of negotiable instruments, although it does not outweigh all other values. In light of the need for certain rules, this Article will consider the policy choices made by the drafters of the Uniform Commercial Code's Article 3 on Commercial Paper with respect to parol evidence. Part II will examine certain parol evidence that is admissible against even the law's most favored plaintiff, the holder in due course. Part III will focus on the Code's indirect treatment of the most troublesome parol evidence problems, those which arise when the holder is not "in due course." Part IV will evaluate two examples of explicit statutory rules which prohibit parol evidence.
Ellen R. Jordan,
"Just Sign Here--It's Only a Formality": Parol Evidence in the Law of Commercial Paper
Available at: http://digitalcommons.law.uga.edu/fac_artchop/96