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Chalmers and Guest on Bills of Exchange and Cheques
Chalmers and Guest on Bills of Exchange and Cheques
19th Edition
ISBN:  9780414067233
Published by:  Sweet & Maxwell
Publication Date:  31 Dec 2020
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

Chalmers & Guest provides the definitive guide to the Bills of Exchange Act 1882 and the Cheques Act 1957, and offers legal practitioners comprehensive guidance to the law and practice relating to bills of exchange, cheques and promissory notes.

  • Offers comprehensive guidance on the law and practice relating to bills of exchange, cheques and promissory notes
  • Provides a section by section commentary to the primary legislation, the Bills of Exchange Act 1882 and the Cheques Act 1957
  • Explains in detail what provisions the legislation contains, and provides opinion and guidance on how to comply
  • Presents a selection of precedents to assist the reader in communications as well as court proceedings
  • Illustrates common situations where problems may arise, and works through the legal consequence
  • Covers legal capacity for entering into a payment contract
  • Addresses consideration, and how the rules governing it diverge from contract law
  • Considers how bills may be transferred from one person to anther
  • Sets out the general duties of the holder, including the necessary steps to fix the maturity of the instrument
  • Identifies the liabilities of the parties
  • Looks at discharge of a bill, including circumstances where payment is insufficient to discharge the bill
  • Details the law governing lost, destroyed or split bills as well as crossed cheques
  • Examines the applicable law where parties are based in different jurisdictions, and conflict of laws
  • Reflects the changes introduced by Small Business, enterprise and Employment Act 2015 on bills of exchange and cheques: in particular the changes concerning electronic payment of bills


CONTENTS
BILLS OF EXCHANGE ACT 1882
PART I
PRELIMINARY
 
PART II
BILLS OF EXCHANGE

Form and Interpretation
3. Bills of Exchange defined
4. Inland and foreign bills 
5. Effect where different parties to bill are the same person 
6. Address to drawee 
7. Certainty required as to payee 
8. What bills are negotiable 
9.  Sum payable 
10. Bill payable on demand 
11. Bill payable at a future time 
12. Omission of date in payable after date 
13. Ante-dating and post-dating 
14. Computation of time of payment 
15. Case of need 
16. Optional stipulations by drawer of indorser 
17. Definition and requisites of acceptance 
18. Time of acceptance 
19. General and qualified acceptances 
20. Inchoate instruments 
21. Delivery

Capacity and Authority of Parties
22. Capacity of parties 
23. Signature essential to liability 
24. Forged or unauthorised signature 
25. Procuration signatures 
26. Person signing as agent or in a representative capacity 

The Consideration for a Bill
27. Value and holder for value 
28. Accommodation bill or party 
29. Holder in due course 
30. Presumption of value and good faith 

Negotiation of Bills
31. Negotiation of Bill 
32. Requisites of a valid indorsement
33. Conditional indorsement 
34. Indorsement in blank and special indorsement 
35. Restrictive indorsement 
36. Negotiation of overdue or dishonoured bill 
37. Negotiation of bill to party already liable thereon 
38. Rights of the holder 

General Duties of the Holder
39. When presentment for acceptance is necessary 
40. Time for presenting bill payable after sight 
41. Rules as to presentment for acceptance, and excuses for non-presentment 
42. Non-acceptance 
43. Dishonour by non-acceptance, and its consequences 
44. Duties as to qualified acceptances 
45. Rules as to presentment for payment 
46. Excuses for delay or non-presentment for payment 
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