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Instruments Law
1.
Negotiable Instruments written
contracts for the payment of money; by its
form, intended as a substitute for money and
intended to pass from hand to hand, to give
the holder in due course the right to hold the
same and collect the sum due.
2. Characteristics of Negotiable
Instruments:
a.
negotiability right of transferee to
hold the instrument and collect the sum due
b.
accumulation of secondary contracts
instrument is negotiated from person to
person
Parties:
1. drawer
2. payee
3. drawee/ acceptor
7.
Check bill of exchange drawn on a
bank and payable on demand. (Sec. 185
NIL)
8.
Difference between Promissory
Note and Bill of Exchange
Promissory Note
Unconditional promise
Involves 2 parties
Maker primarily liable
only 1 presentment for payment
Bill of Ex
unconditio
involves 3
drawer on
generally
for payme
9.
Distinctions between a Check and
Bill of Exchange
3.
Difference between Negotiable
CHECK
BOE
Instruments from Non-Negotiable
always drawn upon a bank or banker
may or may n
Instruments:
may be payab
always payable on demand
determinable fu
Negotiable Instruments
Non-negotiable
Instruments
not necessary
that it be presented for
necessary that
- Contains all the requisites of Sec. 1
- does not
contain all the requisites of Sec. 1
acceptance
of the NIL
of the NIL
drawn on a deposit
not drawn on
- Transferred by negotiation
- Transferred
by
assignment
the death of a drawer of a check, with
the death of th
-Holder in due course may have better rights - transferee
acquires
only of
his the
knowledge
byrights
the banks,
revokes
exchange does n
than transferor
transferor
authority of the banker pay
- Prior parties warrant payment
- prior parties
warrant
ofwithin
title a may be presen
must merely
be presented
forlegality
payment
reasonable time after its issue (6 months) reasonable time
- Transferee has right of recourse against
- transferee
has no right of
recoursea Promissory
10. Distinctions
between
intermediate parties
Note and Check
PN
CHECK
4.
Difference between Negotiable
there are two (2) parties, the maker and the
there are t
Instruments and Negotiable Documents of
payee
drawee ban
Title
may be drawn against any person, not
always dr
Negotiable Instruments
necessarily a bank
- Have requisites of Sec. 1 of the NIL
may be payable on demand or at a fixed or
-always pay
- Have right of recourse against intermediate
determinable future time
parties who are secondarily liable
a promise to pay
an order t
- Holder in due course may have rights
11. Other Forms of Negotiable
better than transferor
Instruments: (CTBDL)
- Subject is money
a.
certificates of deposits
b.
trade acceptances
- Instrument itself is property of value
c.
bonds in the nature of promissory
notes
5.
Promissory Note unconditional
d.
drafts which are bills of exchange
promise to pay in writing made by one
drawn by 1 bank to another
person to another, signed by the maker,
e.
letters of credit
engaging to pay on demand or a fixed
12. Trust Receipt a security transaction
determinable future time a sum certain in
intended to aid in the financing of importers
money to order or bearer. When the note is
and retailers who do not have sufficient
drawn to makers own order, it is not
funds to finance their transaction and
complete until indorse by him. (Sec. 184
acquire credit except to use as collateral the
NIL)
merchandise imported
Parties:
13. Requisites of a Negotiable Note (PN):
1. maker
(SUDO)
2. payee
It must:
a.
be in writing signed by the drawer
6.
Bill of Exchange unconditional
b.
contains an unconditional promise or
order in writing addressed by one person to
order to pay a sum certain in money
another, signed by the person giving it,
c.
be payable on demand or at a fixed
requiring the person to whom it is addressed
determinable future time
to pay on demand or at a fixed or
d.
be payable to order or to bearer (Sec.
determinable future time a sum certain in
1 NIL)
money to order or to bearer. (Sec. 126 NIL)
b.
statement of the transaction which
gives rise to the instrument. (Sec. 3 NIL)
But an order or promise to pay out of a
particular fund is not unconditional
Notes on Section 3
1. an instrument expressed to be
payable at a fixed period after date is
issued undated
2. where acceptance of an instrument
payable at a fixed period after sight
is undated (Sec. 13 NIL)
Effects:
The instrument can be enforced by
holders to whose title the forged signature is
not necessary
presumption is disputable
36. Where value has at any time been given
for the instrument, the holder is deemed a
holder for value in respect to all parties who
become such prior to that time. (Sec. 26
NIL)
37. Effect of want of consideration:
1. Absence or failure of consideration
may be set up against a holder not a
holder in due course (personal
defense)
2. Partial failure of consideration is a
defense pro tanto (Sec 28 NIL)
Notes on Section 28
a.
b.
Real De
Alteratio
Want of
instrume
when two or more makers sign
5. fraud in inducement
6. acquisition of the instrument by force, duress or jointly, each is individually liable for the full
amount even if one did not receive the value
fear
given
7. acquisition of the instrument by unlawful means
the maker is precluded from setting
up the defense of a) the payee is fictional, b)
8. acquisition of the instrument for an illegal
that the payee was insane, a minor or a
consideration
corporation acting ultra vires
9. negotiation in breach of faith
10. negotiation under circumstances amounting to
fraud
1. Mistake
12. intoxication
13. ultra vires acts of corporations
14. want of authority of the agent where he has
apparent authority
15. illegality of contract where form or
consideration is illegal
16. insanity where there is no notice of insanity
49. A instrument not in the hands of a HDC
is subject to the same defenses as if it were
non-negotiable.
Exception:
Section 79 and 80
Notes on Section 79 and 80
in writing
Negotiable Instruments
Law Discharge
Dec 19
Posted by Magz
NEGOTIABLE
INSTRUMENTS
LAW
Memory Aid
Negotiable Instruments
Law Liabilities of Parties
Dec 19
Posted by Magz
NEGOTIABLE
INSTRUMENTS
LAW
Memory Aid
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1. Liability of an Agent
Signature of any party may be made
by duly authorized agent, establish as
in ordinary agency
Where instrument contains or a
person adds to his signature words
indicating that he signs for or on
behalf of a principal, he is not liable
on the instrument if he was duly
authorized, but the mere addition of
words describing him as an agent
without disclosing his principal, does
not exempt from personal liability.
Signature per procuration operates as
notice that the agent has but a limited
authority to sign, and the principal is
bound on ly in case the agent in so
signing acted within the actual limits
of his authority
Where a broker or agent negotiates
an instrument without indorsement,
he incurs all liabilities in Sec. 65,
unless he discloses name of principal
Negotiable Instruments
Law Defenses
and Equities
Dec 19
Posted by Magz
NEGOTIABLE
INSTRUMENTS
LAW
Memory Aid
Negotiable Instruments
Law Holder in
Due Course
Dec 19
Posted by Magz
NEGOTIABLE
INSTRUMENTS
LAW
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Negotiable Instruments
Law Transfer
Dec 19
Posted by Magz
NEGOTIABLE
INSTRUMENTS
LAW
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