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  3. (a) Define cheque.(b) Explain any five points of the differences between cheque

(a) Define cheque.(b) Explain any five points of the differences between cheque

游客2025-06-21  29
问题 (a) Define cheque.
(b) Explain any five points of the differences between cheques and bills of exchange.
选项
答案 (a) Section 73 (1) and section 3 (1) of Bills of Exchange Ordinance define the cheque as an unconditional order in writing, addressed by a person to a bank, signed by the person making it, requiring the bank to pay on demand a stun certain in money to, or to the order of, a specified person or to bearer.
(b) Differences between cheques and bills of exchange:
The drawee of a cheque is a banker.
The drawee of a cheque is not liable to the holder for refusing payment, since the banker never accepts the cheque.
The roles on acceptance do not apply to cheques.
Because most cheques are usually not negotiated, the rules on negotiation have little significance.
Delay in presenting a cheque for payment does not discharge the drawer, unless he suffers actual loss through the delay.
The rules concerning crossings are confined to cheques and certain other instruments and not to other bills.
Payment of an order cheque with a forged or unauthorized indorsement discharges the paying banker if certain statutory exemptions apply, but in the same situation, the acceptor of a bill would not be discharged.
Based on the contractual relationship between a banker and a customer, a number of implied obligations are imposed on them towards the other by law.
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