The question (6 marks)
A bill of exchange is drawn in country X, accepted in country Y and endorsed in country Z, and is payable in India. The drawer's signature is formally sufficient by the law of X but not by Indian law, and the endorser, a minor by the law of Z but of full age by the law of India, disputes his liability. The holder sues in India. (a) By which law is the liability of each party determined? (b) May the parties by agreement fix one law for the whole instrument? (6 marks)
MU Module IV, negotiable instruments; pack ch. 04 §4.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Applicable Law — Contracts and Commercial Matters of Conflict of Laws.
Authorities you will need
- Negotiable Instruments Act 1881, s. 134
- Bills of Exchange Act 1882, ss. 72(1) and 72(3)
- Male v. Roberts
- Sottomayor v. De Barros
- Cooper v. Cooper
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.