Bills Of Exchange Act 1882
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Bills Of Exchange Act 1882
The Bills of Exchange Act 1882 is a United Kingdom Act of Parliament concerning bills of exchange. The Act was drafted by Sir Mackenzie Chalmers, who later drafted the Sale of Goods Act 1893 and the Marine Insurance Act 1906. Bills of exchange are widely used to finance trade and, when discounted with a financial institution, to obtain credit. The formal legal definition of a bill of exchange is as follows: 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 order or to bearer. Expressing this in less formal language, it is a written order from one party (the drawer) to another (the drawee) to pay a specified sum on demand or on a specified date to the drawer or to a third party specified by the drawer. Contents Section 3 requires that bills of exchange be written and signed in order to be enforceabl ...
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Mackenzie Dalzell Chalmers
Sir Mackenzie Dalzell Edwin Stewart Chalmers (7 February 1847 – 22 December 1927) was a British judge and civil servant. He was Parliamentary Counsel to the Treasury, a judge of the county courts and a Law Member of the Viceroy's Council in India. Chalmers also served as Permanent Under-Secretary of State at the Home Office from 1903 to 1908. His mother was Matilda, the daughter of Rev. William Marsh. He was educated at King's College London, and Trinity College, Oxford. Chalmers is best remembered today as the draftsman of the Bills of Exchange Act 1882, and in 1888 of the Sale of Goods Act 1893. The original Bill was settled by Lord Herschell who introduced it into the House of Lords in 1889, with a view to obtaining criticism of its provisions. The Bill was referred to a Select committee consisting of Lord Herschell, the Earl of Halsbury, Baron Bramwell and Lord Watson. The 1893 Act was repealed and re-enacted as the Sale of Goods Act 1979. Sir Mackenzie is also known ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ...
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Bills Of Exchange
A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, whose payer is usually named on the document. More specifically, it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date. The term has different meanings depending on the use of the term as it is used in the application of different laws, and depending in which country and context it is used. Concept of negotiability William Searle Holdsworth defines the concept of negotiability as follows: #Negotiable instruments are transferable under the following circumstances: they are transferable by delivery where they are made payable to the bearer, they are transferable by delivery and endorsement where they are made payable to order. #Consideration is presumed. #The transferee acquires a good title, even though the transferor had a defective or n ...
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Sale Of Goods Act 1893
The Sale of Goods Act 1893 (56 & 57 Vict. c.71) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland which regulated contracts in which goods are sold and bought. Its purpose was to define the rights and duties of the parties (where not expressly defined in the agreement), while specifically preserving the relevance of ordinary contractual principles. The Act remains in force in the Republic of Ireland. Background The Act was drafted by Sir Mackenzie Chalmers, who later drafted the Marine Insurance Act 1906. As noted by Lord Denning MR in ''The Mihalis Angelos'' 9711 QB 164 he adopted a division between conditions and warranties in terms of contracts, propounded by Sir Frederick Pollock in his book ''Formation of Contracts''. This was followed by Fletcher Moulton LJ in a celebrated dissent in '' Wallis, Son & Wells v Pratt & Haynes'' 9102 KB 1003, 1012 and adopted by the House of Lords in 911AC 394. The Sale of Goods Act 1893 is considered to be class ...
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Marine Insurance Act 1906
The Marine Insurance Act 1906 (8 Edw. 7 c.41) is a UK Act of Parliament regulating marine insurance. The Act applies both to "ship & cargo" marine insurance, and to P&I cover. The Act was drafted by Sir Mackenzie Dalzell Chalmers, who had earlier drafted the Sale of Goods Act 1893. The Act is a codifying act, that is to say, it attempts to collate existing common law and present it in a statutory (i.e. “codified”) form. In the event, the Act did more than merely codify the law, and some new elements were introduced in 1906. The Marine Insurance Act 1906 has been highly influential, as it governs not merely English Law, but it also dominates marine insurance worldwide through its wholesale adoption by other jurisdictions. Two modern statutes, the Consumer Insurance (Disclosure and Representations) Act 2012 (“CIDRA”) and the Insurance Act 2015 have made amendments to the law of insurance. Overview The most important sections of this Act include: :s.4: a policy without ...
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Smith V Lloyds TSB Group Plc
''Smith v Lloyds TSB Group plc'' 001QB 541 was a decision of the Court of Appeal relating to the liability of a bank where it makes payment upon a fraudulently altered cheque. The case was a co-joined appeal from one High Court action (by Blofeld J, reported at 0001 WLR 1225) and a County Court action (by Judge Hallgarten QC). Facts The claimants in each case were respectively the owners of a non-negotiable cheque and the payee of a banker's draft which were stolen from the claimants and fraudulently and materially altered by the deletion of the original payee's name and the insertion of the name of a third party. The altered instruments were presented to the collecting bank, paid into an account in the name of the third party and cleared. In the first action, the claimants sued the collecting bank in conversion for the face value of the cheque and in the second action, the claimants sued the paying bank in conversion for the face value of the banker's draft. The banks conce ...
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English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ...
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1882 In England
Year 188 (CLXXXVIII) was a leap year starting on Monday of the Julian calendar. At the time, it was known in the Roman Empire as the Year of the Consulship of Fuscianus and Silanus (or, less frequently, year 941 ''Ab urbe condita''). The denomination 188 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Publius Helvius Pertinax becomes pro-consul of Africa from 188 to 189. Japan * Queen Himiko (or Shingi Waō) begins her reign in Japan (until 248). Births * April 4 – Caracalla (or Antoninus), Roman emperor (d. 217) * Lu Ji (or Gongji), Chinese official and politician (d. 219) * Sun Shao, Chinese general of the Eastern Wu state (d. 241) Deaths * March 17 – Julian, pope and patriarch of Alexandria * Fa Zhen (or Gaoqing), Chinese scholar (b. AD 100) * Lucius Antistius Burrus, Roman politician (executed) * Ma Xiang ...
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1882 In Wales
This article is about the particular significance of the year 1882 to Wales and its people. Incumbents *Archdruid of the National Eisteddfod of Wales – Clwydfardd *Lord Lieutenant of Anglesey – William Owen Stanley *Lord Lieutenant of Brecknockshire – Joseph Bailey, 1st Baron Glanusk *Lord Lieutenant of Caernarvonshire – Edward Douglas-Pennant, 1st Baron Penrhyn *Lord Lieutenant of Cardiganshire – Edward Pryse *Lord Lieutenant of Carmarthenshire – John Campbell, 2nd Earl Cawdor * Lord Lieutenant of Denbighshire – William Cornwallis-West *Lord Lieutenant of Flintshire – Hugh Robert Hughes *Lord Lieutenant of Glamorgan – Christopher Rice Mansel Talbot *Lord Lieutenant of Merionethshire – Edward Lloyd-Mostyn, 2nd Baron Mostyn *Lord Lieutenant of Monmouthshire – Henry Somerset, 8th Duke of Beaufort *Lord Lieutenant of Montgomeryshire – Edward Herbert, 3rd Earl of Powis *Lord Lieutenant of Pembrokeshire – William Edwardes, 4th Baron Kensington * ...
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