BCL – L1 – Q39 – Negotiable Instruments

NEGOTIABLE INSTRUMENTS

(a) Explain the following terms:

(i) Bills of Exchange,

(ii) Holder in due course,

(iii) Promissory Notes

(b) You have been engaged as the Accounts Officer of a supermarket in Accra and the manager will like you to explain to him what is meant by Conditional Sale and Protected Goods under Hire Purchase Agreements.

(a)

  • A bill of exchange is 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.
  • Holder in due course is a legal term for an original or any subsequent holder of a negotiable instrument (check, draft, note, etc.) who has accepted it in good-faith and has exchanged something valuable for it. For example, anyone who accepts a third-party check.
  • A promissory note is an unconditional promise in writing made by one person to another signed by the maker, engaging 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.

(b)

  • A conditional sales agreement or a conditional sales contract is a financing arrangement where a buyer takes possession of an item (asset), but the asset’s title and right of repossession remain with the seller until the buyer pays the full purchase price.
  • Protected Goods are goods let under a hire-purchase agreement or sold under a conditional sale agreement, and half or total price paid (whether in pursuance of a judgment or otherwise) or tendered by or on behalf of the hirer or buyer or a guarantor and the hirer or buyer has not terminated the hire-purchase agreement or conditional sale agreement, then the goods are known as “Protected Goods”.