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Monday, March 21, 2016

AIOU SOLVED ASSIGNMENT 1 CODE 460 AUTUMN 2015

CHARACTERISTICS OF NEGOTIABLE INSTRUMENTS:-


Code 460 mercantile law has great importance for the students because this subject gives an information about the laws of contracts, negotiable instruments, sale contracts, Bailment laws etc.. This is solved assignment 1 for this  code 460.

A negotiable instrument has following special characteristics as compared to any other document evidencing a contractual debt. A negotiable instrument may be transferred by mere delivery without the necessity for formal assignment. The only exception to this rule is represented by bills of exchange payable to order which in addition to delivery also require an endorsement.

Where a negotiable instrument is properly transferred or negotiable the transferee, provided that he has given valuable consideration for it acquires a good title irrespective of the quality of the contractual right is “subject to equities” a negotiable instrument is transferred free from equities in that the title of the holder for value does not depend on the title of his predecessor.

TYPE OF NEGOTIABLE INSTRUMENTS


Under section 13 of the negotiable instrument act 1881, a negotiable instrument includes.
(i)                  A Bill of exchange
(ii)                A promissory note or
(iii)              A Cheque Payable either to order or bearer.

Although under this section only above three types of negotiable instruments are mentioned but it has been ascertained from the cases of law that if an instrument satisfies the follow two conditions, it can be treated as a negotiable instruments.
(i)                  If it is such a form which entitles the holder to sue in his own name and
(ii)                If it is transferable.


FOR COMPLETE SOLUTION OF FIRST ASSIGNMENT : PRESS CLIKC

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