Negotiable Instruments Essay

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NEGOTIABLE INSTRUMENTS Business Law Negotiable Instruments The law of negotiable instruments (also called commercial paper in the US) is an area of commercial and business law which sets out the general rules that relate to certain documents of payment. A negotiable instrument is a document which promises the payment of a fixed amount of money and may be transferred from person to person. Negotiable instruments have two functions—a payment function and a credit function. This area of law started developing in the fourteenth century because merchants needed a less risky and more convenient alternative to carrying large amounts of gold or money, as well as ways of obtaining credit. This law was eventually codified, and since 1882, in England, transactions in negotiable instruments are governed by the Bills of Exchange Act. In the US, this area is regulated by the Uniform Commercial Code, Article 3, which has been adopted in all states. The rules are very similar in other common-law jurisdictions such as Canada, India and Pakistan. Negotiable instruments are mainly governed by state statutory law. Every state has adopted Article 3 of the Uniform Commercial Code (UCC), with some modifications, as the law governing negotiable instruments. The UCC defines a negotiable instrument as an unconditioned writing that promises or orders the payment of a fixed amount of money. S. E. Thomas defines it in his book “Commerce, Its theory and Practice “A negotiable instrument is one which is, by a legally recognized custom of trade or by law, transferable by delivery in such circumstances that (a) the holder of it for the time being may sue on it in his own name and (b) the property in it passes, free from equities, to a bona-fide transferee for value, notwithstanding any defect in the title of the transferor.” In this context, the word negotiable means transferable; it

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