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is their liability for passengers and for baggage? Are employés of the railroad, mail clerks, express agents, etc., considered to be passengers?

233. What degree of care must the carrier show for its passengers? May a carrier limit this liability by contract?

234. What regulations are properly imposed by the carrier? How are the rates usually fixed? Is the ticket conclusive evidence of the passenger's rights? 235. What regulations regarding baggage may be imposed?

236. Are sleeping cars, innkeepers or common carriers? If so, to what extent?

237. Are the owners of public elevators liable for negligence in the operation of the cars?

238. To what extent is the road bound by its published time table?

239. What are the duties and liabilities of telegraph and telephone companies? Discuss fully.

CHAPTER XIV

INSURANCE

240. What is a contract of insurance? Explain a perfect system of insurance. Explain fully the premium system.

241. What is life insurance as defined by the Supreme Court? State and explain four kinds of life in

surance.

242. What forms of special insurance are now used? Name at least ten.

243. What are the special characteristics of insur

ance contracts? How do they differ from other contracts? What is the most important feature?

244. Define co-insurance and re-insurance. What is the 80 per cent clause?

245. Explain the doctrine of subrogation. What is the origin of the doctrine?

246. What is meant by insurable interest? What is the principle in life insurance? Name some insurable interests.

247. Does the transfer of title transfer the insurance? If not, what should be done? How may an insurance contract be assigned? What is done if the beneficiary dies?

248. What is the consummation of the insurance contract? Is there a standard insurance policy? What is a blinding slip in fire and marine insurance?

249. What effect on the contract will the concealment of a material fact have? What is the test of materiality? Does concealment avoid the policy?

250. What are the warranties in the contract? Of what importance are they?

251. Define waiver and estoppel, and show how they affect insurance policies.

252. What are the three special warranties in marine insurance? Explain general average.

253-4. What notice of loss must be given in fire insurance? What proof must be offered? How does life insurance differ?

CHAPTER XV

GUARANTY AND SURETYSHIP

255. Define guaranty. What is the difference between a surety and a guarantor? Explain the contract of guaranty.

256. State and explain the different kinds of contracts of guaranty.

257. What regulation concerning guaranties is made by the Statute of Frauds?

258. Must a contract of guaranty have consideration? Does it have to have consideration separate from that of the principal contract?

259. Explain offer and acceptance in relation to guaranty. When is no special acceptance necessary? 260. What is the rule concerning notice of default? 261. What are the creditor's rights in the assignment of a general guaranty? Of a special guaranty?

262. How may the guarantor or surety be discharged from liability? Name and explain nine methods.

263. When there are co-guarantors how is the liability divided? What method of contribution is followed? 264. What rights has a guarantor or surety when he has paid the debt of the principal? Against the principal? In relation to the creditors?

CHAPTER XVI

NEGOTIABLE INSTRUMENTS IN GENERAL

265. Define negotiable contracts, and give some forms of negotiable paper. What is their function? 266. What is the origin and development of the negotiable instruments law?

267. What are the four kinds of negotiable instruments? What are some quasi-negotiable instruments? 268. How do these negotiable contracts differ from ordinary contracts? Explain what is meant by negotiability. What presumption is made in negotiable contracts?

269. Define promissory note and bill of exchange, and explain in detail. What are domestic and foreign bills? Define bills in a set, and explain their origin. Define certificate of deposit, cashier's check, bond.

270. What are checks? What rules apply to them? When should a check be presented for payment?

271. What is certification? What happens if the holder of the check has it certified?

272. What is the bank's liability on checks? What rights has the depositor for wrongful dishonor of his check?

CHAPTER XVII

REQUIREMENTS AS TO FORM

273. In case of conflict does the written or printed provisions of a negotiable instrument prevail? Does a forged instrument bind the person?

274. May the order or promise be conditioned upon the happening of any event? If so, give an illustration. 275. What is a "sum certain in money"? Explain the exact meaning of this phrase. What is meant by "money"?

276. Is the time of payment important in a negotiable contract? Is an instrument payable after the death of some one negotiable?

277-9. To whom must a negotiable instrument be made payable? May fictitious names be used? How

clearly must the drawee be indicated? What is the true date of an undated instrument? What sort of provisions may be included and the negotiability not affected?

280-281. Does a seal make an instrument non-negotiable at common law? Under the statute? Who may fill in any blanks left in the instrument?

CHAPTER XVIII

TRANSFER AND NEGOTIATION

282. How may negotiable instruments be transferred? What is the effect of assignment? On the death of the holder who obtains the note?

283. Define negotiation. When may it take place by simple delivery?

284. Define indorsements, indorsement for accommodation, "allonge."

285. What does an indorsement do? May it be made to more than one person?

286. Illustrate and explain the following indorsements: In blank, restricted, without recourse, conditional, specific. Is an indorsement to the cashier a transfer to him or to the bank?

287. Has the transferee by parol of an instrument the right to an indorsement? If so, from what time does it date?

288. Between what parties must actual delivery take place? When is constructive delivery sufficient?

289. Who is a holder in due course? Explain fully. 290. If the face of the paper shows irregularities, what is the duty of the holder? How are the rights of the holder determined?

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