Explain the circumstances in which individuals are the ‘holder in due course’ under section 29 of the Bills of Exchange Act 1949. Support your answer with a decided case.
How to answer:
A few tips to remember while drafting a case study in business law:
1. Read the case thoroughly and understand the critical facts and issues.
2. Break the elements into subheadings like – case brief, the facts of the case, issues/dispute, rationale and legal decision.
3. Start with a short description of the case covering the crucial points of dispute.
4. Write the basic legal facts – names and the legal situation of the parties.
5. Focus on the main points of dispute, study the impact, and find possible solutions
6. In the rationale, talk about the appropriate law to apply and why. Include the legal antecedents if required.
Explain what does the law state and then explain an example where it is applicable (example below for reff only)
Consumer Law Example
Mr. George Tillman recently returned a leased car to GM. However, they charged him for not returning the service history and the manual with the car. Tillman is not willing to pay anything back to the company since he claims that he has not received any service history or manual from the supplier from whom the car was leased. Give legal advice to Tillman.
A legal dispute between GM and George Tillman for not fulfilling the legal obligations under the lease agreement between the two.
- Under the lease agreement Tillman and GM, the former is liable to pay for any damage or loss caused to the property of the company.
- However, Tillman claims that there has been no violation of the law since he has not received any service history or manual from the supplier. He has written proof of that.
- Further, under consumer law, Tillman has a right to protect his consumer interests.
- Tillman should write a letter to GM stating that he was unable to return the service history and car manual since he has not received them from the suppliers. Further, he has written proof of them.
- He must also write to the supplier stating that if the case goes up to the court of law, then he is under the law to implicate the supplier as the primary party responsible for the dispute.
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