A holder in due course is a bona fide purchaser, without notice of any defects in the title to the bill.\u00a0 Such a party may take a better title than his transferor.\u00a0 This status is a critical aspect of negotiable instruments. The holder in due course is not affected by the fact that a predecessor may have been a thief or have obtained the bill fraudulently or illegally.\u00a0 The fact that the predecessor did not give consideration or breached contract is irrelevant.<\/p>\n
The holder in due course is one who takes the bill complete and regular on its face.\u00a0 He must become holder before the bill was overdue and without notice of having previously dishonoured \u00a0(if this is the case). He must take the bill in good faith and for value. He must have no notice of a defect in the title of the person who negotiates it to him.<\/p>\n
A bill will not be complete and regular if any material particulars are omitted.\u00a0 The completion of the details under an implied right to complete the instrument, will not fulfil the condition. The date and place are material parts.\u00a0 The fact that that the bill has not yet been accepted, does not make it irregular.<\/p>\n
There must be nothing with the circumstances which causes suspicion or casts doubt on the bill.\u00a0 If there are any apparent discrepancies or alterations, the condition may not be satisfied. The person must not have notice of a previous dishonour of the bill.\u00a0 Dishonour may be by non-payment or non-acceptance.<\/p>\n
The person must act in good faith and honestly.\u00a0 The fact that he may have discovered a defect by greater care, will not cause him to fail this test.\u00a0 However, if he is very careless, \u00a0he may not be held to have acted in good faith.<\/p>\n
The holder must have no notice of the affecting the title of the person through whom the bill is negotiated.\u00a0 A defect in title would be one which undermines the basis of the endorser\u2019s title.\u00a0 This may arise from fraud, duress or illegality.\u00a0 It may arise because of the prior holders\u2019 unlawful act.\u00a0 A holder who takes title to a holder in due course and is not partly to the illegality has the right to the holder in due course relative to the acceptor and parties \u00a0holding the bill prior to that holder.<\/p>\n
If the signature on the bill is forged or invalid, the holder has no recourse against parties to the bill, prior to the invalid signature.\u00a0 He is not holder as against those parties. This is so, irrespective of notice.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Bills of Exchange Bills of exchange have been recognised in international commercial practice for many hundreds of years.\u00a0 The Bill of Exchange Act codified the existing bill of exchange legislation.\u00a0 In this respect, the legislation is similar to the Partnership Act and the Sale of Goods Act, which were enacted in the same era. A […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[42],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/457"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=457"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/457\/revisions"}],"predecessor-version":[{"id":458,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/457\/revisions\/458"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=457"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=457"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=457"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}