Halsbury's Laws of Canada - Commercial Law I (Auctions/Bills of Exchange)

Halsbury's Laws of Canada - Commercial Law I (Auctions/Bills of Exchange)

The Auctions title examines the laws, regulations and bylaws with respect to auctions in Canada while the Bills of Exchange title delivers a thoughtful summary of the Canadian law relating to bills of exchange and negotiable instruments, such as bills, notes and cheques.

Publisher: LexisNexis Canada
Country: Canada
Format: Hardcover Book
Publication Language: English
ISBN: 9780433465454
Publication Date: 2010-12-31

				Price: $280.00

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Auctions
Sheila Nemet-Brown, B.A., (Hons.), LL.M.>

Auctions are an important avenue for commercial sales activity, with auction sales occurring in many contexts, including sale of goods by landlords and innkeepers of property previously belonging to tenants and guests, sale of livestock and sale of property for tax arrears. The laws, regulations and bylaws with respect to auctions seek to ensure the fairness of the process, the integrity of the goods offered for sale and that auctioneers, bidders and sellers abide by specific requirements. Topics covered in this national reference include:

Auctioneers and auction sales companies
Licensing requirements
- Granting of the licence and terms or conditions
- Suspension or cancellation of the licence
- Review of decisions by the registrar
- Offences
- Qualifications of auctioneers
- Duties of auctioneers
- Auctioneers as employees
Types of property sold at auction
Sale under public auction

Bills of Exchange
Maurice Coombs., B.Sc., LL.B., LL.M.

Bills, notes and cheques are all negotiable instruments, and the rules relating to their use represents a very specialized area of commercial law and practice. This valuable title delivers a thoughtful summary of the Canadian law relating to bills of exchange and negotiable instruments, such as bills, notes and cheques. Topics covered include:

Acceptance and delivery
Capacity and authority of parties
Consideration, holders and negotiation
Electronic presentment; bank cheques
Promissory notes
Consumer bills and notes

Auctions

Introduction
1. Definitions and Types of Auctions
2. Auctioneer as Agent
3. Fairness Requirement
4. Legislative Context
5. Internet Auctions
Auctioneers and Auction Sales Companies
1. Licensing Requirements
2. Qualifications of Auctioneers
3. Duties of Auctioneers
4. Auctioneers as Employees
Sale under Public Auction
1. Attendance at Public Auction
2. Bills, Signs and Advertisements
3. Sale of Goods in Lots
4. Conditions of Sale
5. Bidders
6. Duty of Owner
7. Completion of the Sale
Particular Property Sold At Auction
1. Land and Other Property Sold for Tax Arrears
2. Livestock
3. Shares and Assets of Corporations
4. Motor Vehicles
5. Personal Property

Bills of Exchange

Introduction

General Principles
Statutory Framework

Part I of the Act: General Part II of the Act: Bills of Exchange

Form and Interpretation of a Bill
Acceptance
Delivery
Computation of Time, Non-juridical Days and Days of Grace
Capacity and Authority of Parties
Consideration
Holders
Negotiation
Rights and Powers of Holder
Presentment for Acceptance
Presentment for Payment
Notice of Dishonour
Protest
Liability of Parties
Discharge of Bill
Acceptance and Payment for Honour
Lost Instruments
Bills in a Set
Conflict of Laws
Official Images and Electronic Presentment

Part III of the Act: Cheques on a Bank

General
Crossed Cheques

Part IV of the Act: Promissory Notes

General
Presentment, Payment and Discharge
Application of the Act to Notes

Part V of the Act: Consumer Bills and Notes

Sheila Nemet-Brown, B.A., (Hons.), LL.M. / Maurice Coombs., B.Sc., LL.B., LL.M.

Maurice Coombs, B.Sc., LL.B., LL.M., is a former partner at Osler, Hoskin & Harcourt LLP and was a Senior Member of the Firm’s Research Group, until his retirement at the end of December 2004. Until January of 1998, he was Chair of the Research Group, a post he held for more than 15 years. Mr. Coombs was also a Member of the firm’s Pension & Benefits Department and a member of the Opinions Committee. His research practice at Osler was concentrated in corporate and commercial law, trust law, partnerships, conflicts of laws and similar matters although, like the Osler, Hoskin Research Group as a whole, he was engaged from time to time in all areas of the firm’s wide practice. Mr. Coombs has lectured at and written papers for legal and professional programmes held by a variety of organizations, including the Canadian Bar Association, the Association of Canadian Pension Management, the Canadian Pension & Benefits Institute, the Pension Investment Association of Canada, the International Pension and Employee Benefits Lawyers Association, the Toronto Stock Exchange, the Montreal Exchange, Insight, the Canadian Institute, The Gordon Group, The Institute for International Research, The Canadian Institute of Chartered Accountants, The Law Society of Upper Canada, The Toronto Society of Financial Analysts, The Law Council of Australia and the Leo Cussen Institute, the Australian Institute of Superannuation Trustees, and the University of Windsor Law School International Symposium on Remedies.

Sheila Nemet-Brown, B.A. (Hons.), LL.B.,is a Content Development Associate for LexisNexis Canada. She is also the Author of the Halsbury’s Laws of Canada Cemeteries and Interment, Inquests, Coroners and Medical Examiners and Public Utilities titles. In addition to her work on Halsbury’s, Ms. Nemet-Brown has developed and edited the Canada Criminal Sentencing Digest, and LexisNexis’s Canada Quantum Digest series.

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