Review_NegotiableInstruments

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BOOK REVIEW Law of Negot iable Inst ruments , 6 th edition 2007 By Poh Chu Chai Lexis Nexis This 751–page book is primarily targeted at law students, but is also recommended and essential reading for lawyers and bank- ers who wish to have a good firm grasp of the principles of the law of negotiable instruments. Readers will have the benefit of the author’s citation of the relevant statutory provisions and case- law from Singapore, Malaysia and England. The book was first published in 1984 and the last edition was in 2001. This latest 6 th edition takes into account significant developments of the law until September 2006 and the revi- sions made to the Singapore Bills of Exchange Act (Cap 23) in 2004, including provisions for the truncation of cheques. The book contains 14 chapters on the following topics: Chapter 1 Negotia bl e Instruments Ch apter 2 Forms of Inst rument  Chapter 3 Si gning Inst rument  Chapter 4 Filling in Inst rument  Chapter 5 Inchoate Inst rument s Chapter 6 Negotiation of Inst rument  Chapter 7 Presentment for Payment  Cha pte r 8 Sui ng on a Neg oti able Instrumen t Chapter 9 Cheques and Pr omissory Notes Cha pte r 10 For ger y and Mat eri al Alt era tions Chapter 11 Holder ’s Ri ghts Cha pter 12 Lia bil ity of Par tie s Chapt er 13 Payin g Banke r’s Statu tory Prote ction Chapt er 14 Colle cting Banke r’s Statu tory Prote ction Each chapter is clearly sub-divided into numerous sections covering a wide range of legal issues. The author retains his proven straightforward style and approach by first stating a principle of law and supporting it with the relevant statutory provision and/or the case-law with a sali- ent extract of the judgement. The focus is on compiling the fundamental legal principles re- lat ing to neg otiable instruments as it app lies in Sin gap ore in one compac t and reader- friend ly volume, making the book a useful and informative reference work. It is a conci se yet comprehensive account of the subject which those without a specialist knowledge will wel- come and find readily intelligible. The main purpose is not to provide a detailed exploration or critique of the law or discuss its conceptual problems, and this actually allows the reader to grasp the essentials of the subject quickly and easily.

Transcript of Review_NegotiableInstruments

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BOOK REVIEW

Law of Negotiable Instruments , 6 th edition 2007By Poh Chu ChaiLexis Nexis

This 751–page book is primarily targeted at law students, but isalso recommended and essential reading for lawyers and bank-ers who wish to have a good firm grasp of the principles of thelaw of negotiable instruments. Readers will have the benefit of the author’s citation of the relevant statutory provisions and case-law from Singapore, Malaysia and England.

The book was first published in 1984 and the last edition was in 2001. This latest 6 th editiontakes into account significant developments of the law until September 2006 and the revi-sions made to the Singapore Bills of Exchange Act (Cap 23) in 2004, including provisions forthe truncation of cheques.

The book contains 14 chapters on the following topics:

Chapter 1 Negotiable Instruments

Chapter 2 Forms of Instrument

Chapter 3 Signing Instrument

Chapter 4 Filling in Instrument

Chapter 5 Inchoate Instruments

Chapter 6 Negotiation of Instrument

Chapter 7 Presentment for Payment

Chapter 8 Suing on a Negotiable Instrument

Chapter 9 Cheques and Promissory Notes

Chapter 10 Forgery and Material Alterations

Chapter 11 Holder’s Rights

Chapter 12 Liability of Parties

Chapter 13 Paying Banker’s Statutory Protection

Chapter 14 Collecting Banker’s Statutory Protection

Each chapter is clearly sub-divided into numerous sections covering a wide range of legalissues.

The author retains his proven straightforward style and approach by first stating a principleof law and supporting it with the relevant statutory provision and/or the case-law with a sali-ent extract of the judgement. The focus is on compiling the fundamental legal principles re-lating to negotiable instruments as it applies in Singapore in one compact and reader-friendly volume, making the book a useful and informative reference work. It is a concise yetcomprehensive account of the subject which those without a specialist knowledge will wel-come and find readily intelligible. The main purpose is not to provide a detailed explorationor critique of the law or discuss its conceptual problems, and this actually allows the readerto grasp the essentials of the subject quickly and easily.

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The author mentions early in the book that the law applicable to bills of exchange, chequesand promissory notes has been codified under the Singapore Bills of Exchange Act (Cap23) and that though all these instruments are not identical in form, the rights and liabilitiesflowing from each instrument are very similar in nature and they share several commoncharacteristics. Though he states that much of what is going to be said about the bill of ex-change will, with necessary modifications, also apply equally to cheques and promissory

notes, the author nonetheless includes a distinct chapter for cheques and promissory notes(Chapter 9) expounding on issues which are peculiar to such categories of negotiable in-struments.

Notwithstanding the advanced development of the electronic funds transfer systems, westill see substantial volume and usage of negotiable instruments, not merely as a paymentdevice, but increasingly as security provided by the holder in banking and financing transac-tions, and taking also the form of investment security to raise funds on the market. We hopethe next edition may have some coverage on these topics.

As the only book of its kind (and an excellent one) dealing with negotiable instruments inSingapore, and one whose earlier editions (which have been constantly revised and up-dated) have been used by many lawyers as their primary text in law school days, we willrecommend it to be on the bookshelf of every lawyer and banker who regularly find them-selves engaged in and concerned with this area of law.

Wo ng L ia ng K ok , Head of Corporate, Banking & Finance Department Sangeet Kaur , Knowledge/Infobank Manager Tan Peng Chin LLC Emails: [email protected] / [email protected]

Website: http://www.tpclaw.com.sg

This Review was commissioned by LexisNexis. An edited version of this may be published in the Singapore Law Gazette towards the end of 2007.

The views expressed in this Review are the opinions of the authors and should not be taken to represent the views of any other person, or organisation or of Tan Peng Chin LLC.