Negotiable Instruments Act 1881
Negotiable Instruments Act 1881
Negotiable Instruments Act 1881
Act, 1881
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Object of the Act
The main object of the Negotiable Instruments Act is
to legalise the system by which instruments
contemplated by it could pass from hand to hand by
negotiation like any other goods. The purpose of the
Act was to present an orderly and authoritative
statement of leading rules of law relating to the
negotiable instruments To achieve the objective of
the Act, the Legislature thought it proper to make
provision in the Act for conferring certain privileges
to the mercantile instruments contemplated under it
and provide special procedure in case the obligation
under the instrument was not discharged.
Section 4. “Promissory Note”
Illustrations
a) the endorser of a negotiable instrument signs his
name adding the words “Without recourse”. Upon
this endorsement he incurs no liability.
b) a is the payee and holder of a negotiable
instrument., Excluding personal liability by an
endorsement “without resource”, he transfers the
instrument to B and B endorses it to C who
endorses to A . A is not only reinstates in his former
rights, but has the rights of an endorsee against B
and C.
Types of Endorsements
Commentary
If the endorser does not want to incur any liability as
endorser, he can insert a stipulation in his endorsement
negativing or limiting his liability. He may, for example,
write his endorsement thus; “ Pay D or order without
recourse to me”, or “pay D or order sans recourse”, or
“Pay D or order at his risk”. These words will exclude the
liability of the endorser all together. A person, who was
not party to a cheque, at the request of the payee wrote
his name on the back thereof adding the words “ Sans
Recourse”. It was held that an endorser has a right to
negative his liability by suitable words “ Wakefield V/s.
Alexander and Company, 1901”
5 ) Conditional Endorsement ( S. 52)