A document guaranteeing the payment of a specific amount of money is called a negotiable instrument. The negotiable instrument guarantees the specific amount of money to be paid on demand or a set time, with the payee normally named on the document. This instrument is governed by state statutory law. Each state has implemented with some modifications Article 3 of the Uniform Commercial Code (UCC). The UCC defined the validity of a negotiable instrument.
The validity of a negotiable instrument must comply with seven requirements by law. An instrument becomes invalid and enforceable as between the original parties to the instrument, if any of these requirements are lacking. Listed are the seven requirements of negotiability:
“When a negotiable
There are three main elements for the formation of a legally binding contract, intention, agreement and consideration. The requirement that requires discussion here is the existence of an agreement by the parties to enter into a legally binding contract.
The Australian Competition and Consumer Commission (ACCC) is an administer of the competition and Consumer Act (CCA) which is to prevent collusion among the firms and to prevent the individual firm which break the market equilibrium with their market power. Well competitive market would deliver efficiency costs, faster innovation, prevention of unduly concentrated markets, business freedom, wealth distribution, and enhancement of international competitiveness. Therefore, the ACCC is playing a crucial role in Australia, and their activities can be divided into four categories; (1) the policies for anti-competitive conduct and anti-competitive practices, (2) the mergers policy, (3) the consumer protection policy, and (4) four pillars policy.
Creation of Negotiable Instruments is simply the creation of commercial paper that can also be referred to as important money substitutes. Money simply does not work as well as negotiable instruments for the purposes of convenience, safety, record keeping, and extension of credit. There are critical elements in creating a negotiable instrument, one, it must be in writing form, it has to be signed by the maker or the drawer of it, there has to be an unconditional promise order to pay. Moreover, it must state a fixed amount of money, it does not require any undertaking in addition to payment of money, it must be payable at a definite time and lastly, it is payable
document is that instead of trading for an item that you may desire, you would have to pay
A contract requires four elements to be valid. Essential elements in any contract include the following: agreement, consideration, legal ability, and a legal object (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016). The agreement includes the offer made to the other party who then agrees to enter into the contract. The consideration includes the exchange each party receives as a result of the contract. The legal ability is capacity one has to enter into a legal contract. The legal object is the legality of the contracted issue. These elements together create an effective, valid contract.
According to the UCC (Uniform Commercial Code) “good faith” is the belief that those involved in a contract will act honestly and fairly. That is saying that those entering a contract will act in and honest and fair manner in regards to the contracts they are entering. The obligations of good faith are part of every contract under the UCC. They act as the framework for the parties entering a contract. An example of good faith is car insurance. A person pays monthly for car insurance with the understanding that their insurance company will cover a certain amount in damages if the car is involved in an accident. If after the car is involved in an accident they insurance company does not pay the amount agreed to for the damages they have not acted
court may find the contract “unconscionable” There is a broad scope for this is not extremely strict and
Cash Negotiable Department: describes financial instruments such as checks and securities that can be transferred to another person in exchange for money, (includes debit cards, credit cards and checks).
In contract law, under the Uniform Commercial Code (UCC), for businesses to complete the commercial transactions, negotiable instruments must be used. According to the law, the negotiable instruments are written or signed promises to pay a specified amount of money per the contract terms at a particular time (Miller & Hollowell, 2014). However, it must be determined if the instrument is, in fact, a negotiable instrument or nonnegotiable. According to UCC, the negotiable instrument can fall under two different categorize of which include orders to pay and promise to pay.
Unconventionally, the validity of a negotiable instrument must comply with seven requirements by law. An instrument becomes invalid and enforceable as between the original parties to the instrument, if any of these requirements are lacking. Listed are the seven requirements
The paper is based on the Uniform Commercial Code and its concepts. The description of the paper also looks at the impact of the Uniform Commercial Code on the international commerce as well as the effects it has on the international or worldwide commerce.
The four elements of a valid contract are offer and acceptance, meeting of the minds, consideration and competent parties. The contract must cover a legal purpose or objective as well (Binder, 2012). The objective theory of contracts holds that contract formation is dependent on what is communicated, rather than what is thought by one of the parties (Barnes, 2008).
other in order to form a contract, the value of the consideration need not be
Negotiable instruments are written orders or unconditional promises to pay a fixed sum of money on demand or at a certain time. Promissory notes, bills of exchange, checks, drafts, and certificates of deposit are all examples of negotiable instruments. Negotiable instruments may be transferred from one person to another, who is known as a holder in due course. Upon transfer, also called negotiation of the instrument, the holder in due course obtains full legal title to the instrument. Negotiable instruments may be
• Understand various provisions of negotiable instrument Act, 1881 regarding negotiation, assignment, endorsement, acceptance, etc. of negotiable instruments.