Distinguish the following: Ambiguous and Inchoate Instruments
CS Executive · Economic, Business and Commercial Laws · PYQS · June 2022
Distinguish the following: Ambiguous and Inchoate Instruments
Answer & Explanation:
Ambiguous Instruments: Section 17 of the Negotiable Instruments Act, 1881 deals with ambiguous instruments. It states that where an instrument may be construed either as a promissory note or bill of exchange, the holder may at his election treat it as either, and the instrument shall be thenceforward treated accordingly. An instrument, which in form is such that it may either be treated by the holder as a bill or as a note, is an ambiguous instrument. Bills drawn to or to the order of the drawee or by an agent on his principal, or by one branch of a bank on another or by the direction of a company or their cashier are also ambiguous instruments. Inchoate Instruments: Section 20 of the Negotiable Instruments Act, 1881 provides that, when one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments, and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for any amount specified therein, and not exceeding the amount, covered by the stamp. Such an instrument is called an inchoate instrument. The person so signing shall be liable upon such instrument, in the capacity in which he signs the same, to any holder in due course for such amount, provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereon.
Topics: Commercial Laws
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