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

Publisher: LexisNexis Canada
Format::  Hardcover Book, 2
ISBN:: 9780433465454


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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:

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:

Table of Contents

  1. Introduction
    1. Definitions and Types of Auctions
    2. Auctioneer as Agent
    3. Fairness Requirement
    4. Legislative Context
    5. Internet Auctions
  2. Auctioneers and Auction Sales Companies
    1. Licensing Requirements
    2. Qualifications of Auctioneers
    3. Duties of Auctioneers
    4. Auctioneers as Employees
  3. 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
  4. 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
    1. General Principles
    2. Statutory Framework
    Part I of the Act: General Part II of the Act: Bills of Exchange
    1. Form and Interpretation of a Bill
    2. Acceptance
    3. Delivery
    4. Computation of Time, Non-juridical Days and Days of Grace
    5. Capacity and Authority of Parties
    6. Consideration
    7. Holders
    8. Negotiation
    9. Rights and Powers of Holder
    10. Presentment for Acceptance
    11. Presentment for Payment
    12. Notice of Dishonour
    13. Protest
    14. Liability of Parties
    15. Discharge of Bill
    16. Acceptance and Payment for Honour
    17. Lost Instruments
    18. Bills in a Set
    19. Conflict of Laws
    20. Official Images and Electronic Presentment
    Part III of the Act: Cheques on a Bank
    1. General
    2. Crossed Cheques
    Part IV of the Act: Promissory Notes
    1. General
    2. Presentment, Payment and Discharge
    3. 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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