The paper is an attempt to deal with the non-transferable cheque. Three
questions have been addressed:
(a) Whether sections 58, 79 and 83 apply to non-transferable cheques;
(b) whether the non-transferability of a cheque implies only that a
cambial transfer is excluded, but transfer by means of a ordinary cession
is still possible;
(c) whether the collecting and drawee banks can be held liable for
damages to the owner of a non-transferable cheque.
(a) It is clear that section 58 does not apply to non-transferable cheques.
After the decision in Eskom, it is also clear that section 79 does apply to
such cheques. Regarding the applicability of section 83 to
non-transferable cheques, there is uncertainty.
(b) Whether the rights arising from a non-transferable cheque can be
transferred by means of an ordinary cession, it is not yet clear.
(c) That a collecting bank can be held delictually liable under the
extended lex Aquilia was decided in lndac Electronics. By way of
analogy, the same applies to a drawee bank acting negligently. / Mercantile Law / LL.M.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/15737 |
| Date | 12 1900 |
| Creators | Papadopoulos, John |
| Contributors | Pretorius, J. T. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (v, 100 leaves) |
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