Under what circumstances can an instrument be treated as both a bill o...
An instrument can be treated as both a bill of exchange and a promissory note when the drawer and the drawee are the same persons. This situation allows the holder of the instrument to choose whether to treat it as a bill or a note. For example, if the drawer and drawee are the same fictitious person, the holder may treat the instrument as a note.
Under what circumstances can an instrument be treated as both a bill o...
Under what circumstances can an instrument be treated as both a bill of exchange and a promissory note?
The correct answer to this question is option 'C' - when the drawer and the drawee are the same persons. Let's understand why this is the case:
1. Definition of a bill of exchange:
A bill of exchange is a negotiable instrument that contains an unconditional order from the drawer (the person who issues the instrument) to the drawee (the person who is directed to pay) to pay a certain sum of money to a specified person or bearer at a designated future date.
2. Definition of a promissory note:
A promissory note is a written promise by one party (the maker) to pay a certain sum of money to another party (the payee) at a specified future date or on-demand.
When the drawer and the drawee are the same persons, it creates a unique situation where the instrument can be treated as both a bill of exchange and a promissory note. This is because the instrument satisfies the requirements of both types of instruments.
Let's break down the reasons why this is possible:
1. Bill of exchange characteristics:
- An order to pay: When the drawer and the drawee are the same persons, the instrument essentially becomes an order from the drawer to themselves to pay a certain sum of money.
- Unconditional: The order to pay is still unconditional, as there are no additional conditions or contingencies attached to the payment.
- Future payment: The instrument specifies a future date for the payment, just like a typical bill of exchange.
2. Promissory note characteristics:
- Written promise: The instrument, even though it is an order to pay, can also be considered a written promise by the drawer to pay the specified sum of money.
- Future payment: Similar to a promissory note, the instrument specifies a future date for the payment.
Therefore, in the given scenario, the instrument can be treated as both a bill of exchange and a promissory note due to the unique circumstance of the drawer and the drawee being the same persons. This allows the instrument to satisfy the requirements of both types of instruments.