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The non transferable cheque and the liability of the collecting and drawee banks

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.

Identiferoai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/15737
Date12 1900
CreatorsPapadopoulos, John
ContributorsPretorius, J. T.
Source SetsSouth African National ETD Portal
LanguageEnglish
Detected LanguageEnglish
TypeDissertation
Format1 online resource (v, 100 leaves)

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