"This book gives a thorough overview of Article 3 of the Uniform Commercial Code, commonly referred to as negotiable instruments or commercial paper [sec. 1-101(a) and 3-101], which contains the statutory framework that provides rules to facilitate the transfer of negotiable instruments and increase their acceptance in our commercial system"--
In The End of Negotiable Instruments: Bringing Payments Systems Law Out of the Past, author James Rogers challenges the basic assumptions of the law of checks and notes and its history, and provides a well-reasoned account of how the law could be changed to better suit the evolution of new payment technologies. The modern American law of payment systems is in disarray. Efforts to create a unified body of law for payment systems have so far been unsuccessful. Part of the reason for that failure is the assumption that the existing law works well for the traditional paper-based check system, and that problems have been created only by the evolution of new technologies. The End of Negotiable Instruments argues that this assumption is unfounded. The basic law of checks is itself anachronistic. There are no other books that undertake a similar analysis—there are legal treatises on the law of checks and notes, but all of them take for granted the basic assumptions challenged in this book. Several articles were published in the late twentieth century concerning the dispute over the application of certain doctrines of traditional negotiable instruments law to modern consumer finance transactions, but none of this literature went on to consider the broader question of whether there is anything worthwhile left in negotiable instruments law.
This book provides a comprehensive and thorough analysis of the legal framework for the treatment of international negotiable instruments. It considers the approach within and across major legal systems and pinpoints the key distinctions for the application of choice of law rules.
This new, primarily problem-based text comprehensively covers the concepts and intricacies of negotiable instruments, while also providing substantial analysis and materials regarding the bank-customer relationship and alternative payments systems, including credit cards and electronic funds transfers. The authors are both award-winning teachers who believe that the course should train students to read and interpret statutes, to recognize relevant facts, and to apply the statutory rules to such facts in ways that demonstrate the students' sensitivity to ambiguities in the rules and in the facts. Consequently, the text provides a plentiful supply of carefully crafted problems designed to enable students to develop these skills while mastering the substance of negotiable instruments law. The accompanying Teacher's Manual (available only to professors) gives clear answers to each of the problems and offers many helpful pedagogic suggestions. The text is fully current and examines the important issues raised by recent revisions to the UCC. In addition, the text contains several extremely valuable and user-friendly appendices, including a full glossary, which should make it largely unnecessary for an instructor to recommend any non-statutory supplements.
This is the last work of the late Leonard Gering who for decades has been an authoritative voice on the law of negotiable instruments, a subject described as notoriously difficult, which view is echoed by the learned Chief Justice in the foreword of this book. This work, like its two predecessors, is divided into two parts. Part One sets out in a clearly understandable manner the main principles underlying the law of negotiable instruments. Part Two contains the text of the Bills of Exchange Act 34 of 1964 (as amended by Act 56 of 2000) and conveniently and methodically deals consecutively with each section accompanied by a detailed commentary thereon.
