Questions: If a material alteration of an instrument exists but is not fraudulent, the party whose rights have been affected by the change is completely discharged from the instrument the instrument will not be enforced, and the maker can sue the alterer or commit a tort against him the instrument will not be enforced under the original terms the instrument will be enforced with the material alteration intact the instrument will be enforced under the original terms

If a material alteration of an instrument exists but is not fraudulent, 
the party whose rights have been affected by the change is completely discharged from the instrument
the instrument will not be enforced, and the maker can sue the alterer or commit a tort against him
the instrument will not be enforced under the original terms
the instrument will be enforced with the material alteration intact
the instrument will be enforced under the original terms
Transcript text: If a material alteration of an instrument exists but is not fraudulent, the party whose rights have been affected by the change is completely discharged from the instrument the instrument will not be enforced, and the maker can sue the alterer or commit a tort against him the instrument will not be enforced under the original terms the instrument will be enforced with the material alteration intact the instrument will be enforced under the original terms
failed

Solution

failed
failed
Answer

The answer is the instrument will be enforced under the original terms.

Explanation
Option 1: the party whose rights have been affected by the change is completely discharged from the instrument

This option is incorrect because a non-fraudulent material alteration does not completely discharge the affected party from the instrument.

Option 2: the instrument will not be enforced, and the maker can sue the alterer or commit a tort against him

This option is incorrect because the instrument can still be enforced, albeit under certain conditions, and the maker's ability to sue the alterer is not directly relevant to the enforcement of the instrument.

Option 3: the instrument will not be enforced under the original terms

This option is incorrect because, in the case of a non-fraudulent material alteration, the instrument is typically enforced under its original terms.

Option 4: the instrument will be enforced with the material alteration intact

This option is incorrect because enforcing the instrument with the material alteration intact would not be fair to the parties involved, especially if the alteration was not agreed upon.

Option 5: the instrument will be enforced under the original terms

This option is correct because, in the case of a non-fraudulent material alteration, the general rule is that the instrument will be enforced according to its original terms. This ensures that the rights and obligations of the parties are preserved as initially agreed upon.

Was this solution helpful?
failed
Unhelpful
failed
Helpful