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.
Example:
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.
Case Brief
A legal dispute between GM and George Tillman for not fulfilling the
legal obligations under the lease agreement between the two.
Legal Rationale
- 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.
Legal Advice
- 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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