84-3-504. Excused presentment and notice of dishonor. (a) Presentment for payment or acceptance of an instrument is excused if (1) the person entitled to present the instrument cannot with reasonable diligence make presentment, (2) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings, (3) by the terms of the instrument presentment is not necessary to enforce the obligation of endorsers or the drawer, (4) the drawer or endorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted, or (5) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.
(b) Notice of dishonor is excused if (1) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or (2) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.
(c) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.
History: L. 1991, ch. 296, ยง 61; Feb. 1, 1992.
Structure Kansas Statutes
Chapter 84 - Uniform Commercial Code
Article 3 - Negotiable Instruments
84-3-104 Negotiable instrument.
84-3-106 Unconditional promise or order.
84-3-107 Instrument payable in foreign money.
84-3-108 Payable on demand or at a definite time.
84-3-109 Payable to bearer or to order.
84-3-110 Identification of person to whom instrument is payable.
84-3-114 Contradictory terms of instrument.
84-3-115 Incomplete instrument.
84-3-116 Joint and several liability; contribution.
84-3-117 Other agreements affecting instrument.
84-3-118 Statute of limitations.
84-3-119 Notice of right to defend action.
84-3-202 Negotiation subject to rescission.
84-3-203 Transfer of instrument; rights acquired by transfer.
84-3-205 Special endorsement; blank endorsement; anomalous endorsement.
84-3-206 Restrictive endorsement.
84-3-301 Person entitled to enforce instrument.
84-3-302 Holder in due course.
84-3-303 Value and consideration.
84-3-305 Defenses and claims in recoupment.
84-3-306 Claims to an instrument.
84-3-307 Notice of breach of fiduciary duty.
84-3-308 Proof of signatures and status as holder in due course.
84-3-309 Enforcement of lost, destroyed or stolen instrument.
84-3-310 Effect of instrument on obligation for which taken.
84-3-311 Accord and satisfaction by use of instrument.
84-3-312 Lost, destroyed or stolen cashier's check, teller's check or certified check.
84-3-402 Signature by representative.
84-3-403 Unauthorized signature.
84-3-404 Impostors; fictitious payees.
84-3-405 Employer's responsibility for fraudulent endorsement by employee.
84-3-406 Negligence contributing to forged signature or alteration of instrument.
84-3-408 Drawee not liable on unaccepted draft.
84-3-409 Acceptance of draft; certified check.
84-3-410 Acceptance varying draft.
84-3-411 Refusal to pay cashier's checks, teller's checks and certified checks.
84-3-412 Obligation of issuer of note or cashier's check.
84-3-413 Obligation of acceptor.
84-3-414 Obligation of drawer.
84-3-415 Obligation of endorser.
84-3-417 Presentment warranties.
84-3-418 Payment or acceptance by mistake.
84-3-419 Instrument signed for accommodation.
84-3-420 Conversion of instrument.
84-3-504 Excused presentment and notice of dishonor.
84-3-505 Evidence of dishonor.
84-3-601 Discharge and effect of discharge.