#constitution #equity #law
Money This is transferred by delivery. Merely writing a cheque in someone’s favour and handing it over to the payee does not transfer the money to them until the cheque has been cleared. A cheque is a mandate (instruction) to the payer’s bank to transfer the money from the payer’s account to the payee (or their account). If the payer dies before the cheque has been cleared, their death countermands the instructions to the bank. If the payee has given no consideration for the cheque, they cannot enforce payment.
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