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This book is a wonderful introduction to negotiable instruments, checks and more modern payment systems. It covers recent developments such as the mortgage crisis, the transition of check collections from paper to digital images, the growth in the use of debit cards and stored value cards as payment devices, payments made over the internet through non-bank intermediaries and mobile payments. The Third Edition covers all significant developments in the 21st century relating to Articles 3 and 4 of the UCC. A valuable resource that will benefit both lawyers and law students.
The purpose of this book is to introduce the law of cheques in Hong Kong. It assumes that the reader is familiar in outline with the legal system in Hong Kong and knows something of the law of contract. Care has been taken to present the ideas comprehensibly and no technical words are used without explanation. Cheques have been put in their banking context and bills of exchange, promissory notes and other banking instruments and devices have also been described, though in less detail. This book contains all that an accounting student needs to study for the Hong Kong Society of Accountants’ examination in respect of negotiable instruments. It is one of a series published by the Hong Kong University Press, under the General Editorship of Professor Derek Roebuck, to provide accounting students with an introduction to Hong Kong law.
Overview of Instruments; Meaning of Instrument: Article 3's Requisites of Negotiability; Contract Liability on Instruments; Conditions of Secondary Liability; Discharge of Liability on Instruments; Instruments as Property: Enforcement, Transfer and Negotiation; Warranty and Restitution: Insuring Enforceability for Transferee and Payee; Claims and Defenses to Instruments; Holder-In-Due Course; Check Collection Process: Final Payment and "Rightful Dishonor; " Relationship Between Customer and Payor Bank: Loss Allocation in the Absence of Fraud and Forgery; Risk Allocation: Fraud and Forgery.
Excerpt from The Law of Bank Checks Various Definitions of Checks. - A check is an inland bill of exchange, drawn on a bank and payable on demand, and such an instrument is payable on demand where no date is mentioned. Riddle v. Bank of Mon treal, 145 N. Y. App. Div. 207, 130 N. Y. Supp. 15. A check is denominated a species of inland bill of exchange, - not with all the incidents of an ordinary bill of exchange, it it true, - but still it belongs to that class and character of commercial paper. Moses v. Frank lin Bank, 34 Md. 574. When an instrument is drawn upon a bank, or a person engaged in the banking business, and simply directs the payment to a party of a specified sum of money, which is at the time on deposit with the drawee, without designating a future day of payment, the instrument is to be treated as a check. Bull v. First Nat. Bank, 123 U. S. 105. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.