Template:M intro repack negotiable instrument: Difference between revisions

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{{d|Negotiable instrument|/nɪˈgəʊʃiəbəl ˈɪnstrʊmənt/|n|}}An instrument conferring a right to a payment of money or the delivery assets which the [[bearer security|bearer]] can, without the [[issuer]]’s consent, transfer to a third party (a process known as, confusingly, as “[[negotiate|negotiating]]”).
{{quote|
''So I took my [[Negotiable cow|cow]] <br>
''And I cashed it against the wall. <br>
''I cashed it against the floor. <br>
''I cashed it against the body of a varsity cheerleader. <br>
''Cashed it against the hood of a car. <br>
''Cashed it against a 1981 Harley-Davidson. <br>
''And I ran upstairs to my parents’ bedroom, where<br>
''Mommy and Daddy were sleeping quietly in the moonlight.
''Slowly I opened the door — <br>
''Creeping into the shadows, right up to the foot of their bed,  <br>
''I raised the cow high above my head, <br>
''And just as I was about to bring it crashing down —<br>
''My father woke up, screaming “STOP!!” <br>
''“Wait a minute! Stop it, boy! What do you think you’re ''doing''?” <br>
''“That’s no way to treat an [[Negotiable cow|expensive negotiable instrument]]!” <br>
''And I said, “Goddamn it, Daddy: you ''know'' I love you,” <br>
''“But you’ve got a hell of a lot to learn about Rock ’n’ Roll.” <br>
:—Jim Steinman,  ''Love, Death and an American Milking Devon''}}
===Bills of exchange and cheques===
===Bills of exchange and cheques===
A [[bill of exchange]] is a primordial means of extending [[credit]], whose antecedents one would do well to understand, as quite a lot of contemporary business of extending credit depends on them. This stuff is not immediately intuitive, but when you get in to it, it has a logic of its own, and is rather fun. We recommend it.
A [[bill of exchange]] is a primordial means of extending [[credit]], whose antecedents one would do well to understand, as quite a lot of contemporary business of extending credit depends on them. This stuff is not immediately intuitive, but when you get in to it, it has a logic of its own, and is rather fun. We recommend it.
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At a high level, debt securities closely resemble promissory notes. They are a form of securitised [[loan]].
At a high level, debt securities closely resemble promissory notes. They are a form of securitised [[loan]].


====Negotiability====
===Negotiability===
All this is further confused if the holder of a bill of exchange is entitled to negotiate it — to sell it, effectively, in the secondary market to a random third party.
All this is further confused if the holder of a bill of exchange is entitled to [[negotiate]] it — to sell it, effectively, in the secondary market to a random third party.


If it is a bearer bill, one can negotiate it by simple delivery. If the bill is made out to specified payee, the payee can “indorse” it, by signing it.  
If it is a “bearer” bill, one can negotiate it by simple delivery. If the bill is made out to specified payee, the payee can “indorse” it, by signing it.  


You might think there is some scope for fraud here, and you might be right. There are many provisions on the Bills of Exchange act about that.
You might think there is some scope for fraud here, and you might be right. There are many provisions on the Bills of Exchange Act to manage that contingency.
 
 
===History: Lord Mansfield and all that===
Historian Jane Samson<ref>[https://sites.ualberta.ca/~janes/cv.htm Jane Samson at University of Alberta]</ref> wrote an excellent article in the Dalhousie Law Journal in 1988, from which some of this history is taken.<ref>[https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=1518 Jane D. Samson, ''Lord Mansfield and Negotiable Instruments'' (1988) 11:3 Dal LJ 931]</ref>
In {{cite|Heylyn|Adamson}} Lord Mansfield drew a distinction betweem “inland [[bill of exchange|bills of exchange]]” where the drawee is to pay, and  “[[Promissory note|notes of hand]]” (now called [[promissory note|promissory notes]]) where the drawer is to pay (that is, drawer and drawee are the same person.
 
''Addressed'' promissory notes — those not made out to bearer — are bilateral arrangements, until they are negotiated to a third party, at which point they look exactly like bills of exchange — the act of “negotiating” and “drawing” being economically equivalent.