On a sheet of paper, Elle writes, without her signature, "I acknowledge that I owe Frank $600, payable out of the proceeds of the sale of my car, a 1995 Honda Civic, which I promise to advertise ‘For Sale' next week. Payment is to be made on or before six months from today." What type of instrument is this? Is it nego-tiable? If not, why not?


This instrument is a promissory note, but it is nonnegotia-ble. A promissory note is an instrument with two parties-a maker and a payee. The maker of this note is Elle. The payee is Frank. The note is nonnegotiable because (1 ) Elle did not sign it; (2 ) it does not include a defi-nite promise to pay but only acknowl-edges that a debt is owed; (3 ) it is un-dated, which means that the end of the six-month period is uncertain, making the note not payable at a definite time; and (4 ) it is payable only to Frank, not to his order or to bearer. Any of these alone would make the note nonnegotiable. (Pay-ment is also conditioned on the sale of Elle's car, but this does not make the note nonnegotiable.)

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