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This 18th edition of Chalmers & Guest provides an annotated guide to the Bills of Exchange Act 1882 and the Cheques Act 1957, and offers legal practitioners comprehensive guidance to the to the law and practice relating to bills of exchange, cheques and promissory notes.
The 18th Edition
Offers comprehensive guidance to the to the law and practice relating to bills of exchange, cheques and promissory notes
Sets out the relevant legislation, principally the Bills of Exchange Act 1882, section-by-section to explain in detail what the legislation says and to provide opinion and guidance on how to comply with its terms
Offers frequent illustrations to describe common situations where a legal problem might arise, i.e. the book presents the reader with a scenario and works through the legal consequences
Deals with the legal capacity to enter into a contract
Explains how consideration is required, and how the rules around consideration vary from the normal rules of contract law
Covers the ability to transfer a bill from one person to another
Goes through the general duties of the holder, such as what a holder must do to fix maturity of the instrument
Sets out the liabilities of Parties and answers questions about who has to pay and who can be sued
Deals with the effect of discharge and the circumstances where payment is not sufficient to discharge the bill
Considers acceptance and payment for honour, addressing the circumstances where the bill isn’t accepted or where the acceptor becomes insolvent
Examines what happens when a bill is lost or destroyed
Addresses the law where bills are split into parts
Explains the applicable rules where the parties to a bill come from different countries
Describer what a cheque is and the main exceptions where the Act does not apply to cheques
Deals with crossed cheques
Looks at the law relating to Promissory Notes rather than orders
Goes through a variety of general rules, e.g. good faith, computation of time, signature/company seals, bankruptcy
Looks at the protection of bankers paying unindorsed or irregularly indorsed cheques, the rights of bankers collecting cheques not indorsed by holders, and unindorsed cheques as evidence of payment
Covers conflict of laws
Offers frequent illustrations to describe common situations where a legal problem might arise by presenting a scenario and working through the legal consequences
Refers to case law throughout to support statements and guidance
Reflects changes introduced by Small Business, Enterprise and Employment Act 2015 on bills of exchange and cheques- specifically related to electronic payment of bill
Reflects provisions specific to Northern Ireland
Presents a selection of precedent material for use in communications and court proceedings
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