Description
Byles on Bills of Exchange and Cheques is the essential reference guide to the regulation and use of payment instruments.
Giving a detailed account of the law of bills of exchange, promissory notes and cheques, this classic text sets out the substantive and procedural law, as well as the application of the laws of principal and surety and insolvency to this context.
The new 30th edition incorporates legislative developments and recent caselaw from the UK and Commonwealth, as well as expanded discussion of set-offs.
- Provides a detailed account of the laws and procedure governing the use of bills of exchange in the UK
- Sets out the principles underlying the law of bills of exchange and cheques
- Identifies the types of instruments and the relevant parties involved
- Details a step-by-step analysis of the procedural law and relevant information for litigation.
- Looks at the use of bills in international trade and the issues surrounding conflict of laws
- Addresses the relevant duties of each party to the transaction and sets out the means by which the transaction is processed and discharged
- Explains the liabilities and rights of the parties, including the liability of banks for breach of a mandate
- Examines the relevance of the principle of Consideration for the contractual nature of the transactions
- Considers the means by which a bill of exchange or cheque may be altered and the legal protections against forgeries
- Undertakes a detailed analysis of the nature and operation of cheques, as distinct from other bills of exchange
- Sets out the nature and legal issues with respect to promissory notes
- Addresses the consequences of lost bills or cheques, and payments made in error
- Considers the application of the laws of principal and surety, and insolvency law to the context of bills of exchange
- Contents:
- Part I;
- 1. Overview of Bills of Exchange;
- 2. Form of Bills and Notes;
- 3. Payee and Drawee;
- 4. Inchoate Instruments;
- 5. Bills in an International Context;
- 6. Capacity;
- 7. Liability on a Bill;
- 8. Transfer and Negotiation;
- 9. Modes and Requisites of Transfer;
- 10. Acceptance;
- 11. Presentment for Acceptance;
- 12. Presentment for Payment;
- 13. Discharge – I;
- 14. Discharge – II;
- 15. Dishonour I;
- 16. Dishonour – II;
- 17. Liabilities of parties;
- 18. Rights of Parties;
- 19. Consideration;
- 20. Alteration and Forgery;
- Part II;
- 21. The Cheque – I;
- 22. The Cheque – II;
- 23. The Cheque – III;
- Part III;
- 24. The Promissory Note;
- Part IV;
- 25. Conflict of Laws;
- Part V;
- 26. Procedure – I;
- 27. Procedure – II;
- 28. Damages, Interest, and Costs;
- 29. Limitations of Actions;
- Part VI;
- 30. Lost Bills and Notes;
- 31. Bill or Note as Payment;
- 32. Payments Made Under a Mistake;
- 33. The Law of Principal and Surety in its Application to Bills and Notes;
- 34. Insolvency of Companies.
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