Submitted by: Submitted by DOEYOONKIM
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Category: World History
Date Submitted: 11/15/2011 05:46 AM
Case study- 47 Tai-Shan 1809
The customary practice of Bank’s rejection to honor the check not conform with the law.
Mr. Wong (drawer of a cheque/check)
Suing for recover of the amount
Mr. Du D (Endorser)
Mr. J P (Holder)
Keeling Bank (drawee)
the check presented within prescribed period
47 Tai-Shan 1809
Two relevant Articles in the Law of Negotiable Instruments
Article 132: “Where the holder fails to make presentment for payment within one of the periods prescribed in Article 130, or fails to apply for a protest to be made on the day of dishonor or within five days thereafter, he loses his right of recourse against all his prior party except the drawer.”
Article 131II: “Where the drawee inserts in the check a statement giving the fact of dishonor and the date thereof, accompanied by his signature, such a statement is deemed to have the same force and effect as a protest.
Case study -- 53 tai-shan 2759
DS High School P
Mr. Lee D (contractor to run school Canteen)
KuoShiang Municipal Gov’t
A 1963 Gov’t Order school to run its own canteen
A contract entered in 1961 to run canteen for 7 years in 1961
53 tai-shan 2759
Demand to revoke or discontinue the contract
Facts:
Mr Lee entered a contract with DS High School in Kuo-Shiung for setting up a canteen in the school for a period of seven years. A provision in the contract was specifically provided that the contract would be automatically terminated should there be a change of law which would render the contract hereof illegal. Two years later after the canteen was in business, the Kuo-Shiung Municipal government issued a ruling requiring that the school canteen not be operated and managed by any parties other than the school itself. DS High School demanded that Mr Lee’s canteen business be discontinued. Mr Lee, however, maintained that the contract for managing canteen business was entered before the promulgation of the regulation issued by the county government and therefore...