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Negotiation - Law Dictionary Search Results

Home Dictionary Name: negotiation Page: 2 Page 2 of about 188 results (0.002 seconds)

negotiable instruments

negotiable instruments A written document signed by the maker that includes an unconditional promise to pay a sum of money. Source: FindLaw ...


Negotiability

The quality of being negotiable or transferable by indorsement...


Negotiant

A negotiator...


Negotiator

One who negotiates a person who treats with others either as principal or agent in respect to purchase and sale or public or private compacts...


Negotiable multimodal transport document

Negotiable multimodal transport document, means a multimodal transport document which is--(i) made out to order or to bearer; or(ii) made out to order and is transferable by endorsement; or(iii) made out to bearer and is transferable without endorsement. [Multimodal Transportation of Goods Act, 1993 (28 of 1993), s. 2 (n)]...


endorsement

endorsement also in·dorse·ment n 1 : the act or process of endorsing 2 : an inscription (as a signature or notation) on a document or instrument ;esp : an inscription usually on the back of a negotiable instrument that transfers or guarantees the instrument blank endorsement : an endorsement (as a signature) of a negotiable instrument that does not name a transferee and that makes the instrument payable to bearer called also endorsement in blank qualified endorsement : an endorsement of a negotiable instrument with words (as “without recourse”) that limit or qualify the endorser's liability restrictive endorsement : an endorsement of a negotiable instrument with words (as “for deposit only”) that limit the further negotiation of the instrument NOTE: A restrictive endorsement does not prevent further negotiation of the instrument under the Uniform Commercial Code. spe·cial endorsement : an endorsement of a negotiable instrument with wo...


Holder in due course

Holder in due course is 'a holder who has taken a bill of exchange [cheque or note], complete and regular on the face of it,' under the following conditions, namely:-(a) That he became the holder of it before it was overdue, and without notice that it had been previously dishonoured, if such was the fact.(b) That he took the bill [cheque or note] in good faith and for value, and that at the time it was negotiated to him he had no notice of any defect in the title of the person who negotiated it, Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 29.A person who in good faith has given value for a negotiable instrument that is complete and regular on its face, is not overdue, and, to the possessor's knowledge has not been dishonoured, Black's Law Dictionary, 7th Edn.In R. E. Jones Ltd. v. Warning and Gillow Ltd., 1926 AC 670, it was held that the original payee of a cheque is not a holder in due course within the meaning of the Bill of Exchange Act, 1882.Means any person who for cons...


bank

bank : an organization for the custody, loan, or exchange of money, for the extension of credit, and for facilitating the transmission of funds branch bank : a banking facility that is a separate but dependent part of a chartered bank ;esp : a facility that performs some banking functions and is separate from a main office bridge bank : a national bank that is chartered for a limited time to operate an insolvent bank until it is sold central bank : a national bank that establishes monetary and fiscal policy and controls the money supply and interest rate collecting bank : a bank other than the payor bank that is handling for collection a negotiable instrument or a promise or order to pay money commercial bank : a bank organized chiefly to handle the everyday financial transactions of businesses (as through deposit accounts and commercial loans) cooperative bank : an association (as a credit union) owned by and offering banking services for its members ;specif : savings and ...


Giving notice in writing

Giving notice in writing, Chapter XVII of the Act, containing ss. 138 to 142, was inserted in the Act as per Banking Public Financial Institution and Negotiable Instruments Laws (Amendment) Act, 1968. When the legislature contemplated that notice in writing should be given to the drawer of the cheque, the legislature must be presumed to have been aware of the modern devices and equipment already in vogue and also in store for future. If the Court were to interpret the words 'giving notice in writing' in the s. as restricted to the customary mode of sending notice through postal service or even by personal delivery, the interpretative process would fail to cope up with the change of time. If the notice envisaged in clause (b) of the proviso to s. 138 was transmitted by Fax it would be compliance with the legal requirement, SIL Import v. Exim Aides Silk Exporters, (1991) 4 SCC 567: AIR 1999 SC 1609 (1612, 1613). [Negotiable Instrument Act, 1881, s. 138, proviso (b)]Giving Notice in writi...


Bill of Exchange

Bill of Exchange. Defined in the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 3, as an 'unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.'It is a chose in action, but, for the encouragement of commerce, it is assignable, at Common Law, by mere endorsement, so that very many names are frequently attached to one bill as endorsers, and each of them is liable to be sued upon the bill, if it be not paid in due time. the person who makes or draws the bill is called the drawer, he to whom it is addressed is, before acceptance, the drawee, and after accepting it, the acceptor; the person in whose favour it is drawn is the payee; if he endorse the bill to another, he is called the endorser, and the person to whom it is thus assigned or negotiated ...



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