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Descriptive Questions · Q5

Q.Distinguish between a Promissory Note and a Bill of Exchange.

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✓ Free question

A promissory note (Section 4) and a bill of exchange (Section 5) are the two most closely related negotiable instruments, but they differ in several concrete respects:

BasisPromissory NoteBill of Exchange
Nature of the documentAn unconditional promise to payAn unconditional order to pay
Number of partiesTwo — maker and payeeThree — drawer, drawee and payee
Who is primarily liableThe maker, from the outsetThe drawee, but only once they accept the bill (before acceptance, the drawer alone is liable)
AcceptanceNever requiredRequired before the drawee becomes liable
Maker/Drawer and Payee being the same personNever possiblePossible — a drawer can draw a bill payable to their own order
Notice of dishonourNot necessary, since the maker is the original promisorNecessary — the drawer and any endorsers must be notified, or they may be discharged from liability

In short, a promissory note is a direct, self-contained promise between two parties, while a bill of exchange is a three-cornered arrangement where one party (the drawer) instructs a second party (the drawee) to pay a third party (the payee) — and that instruction only becomes a binding promise once the drawee formally accepts it.

✓Final answer

See the comparison table above — the chief differences are: promise vs. order, two vs. three parties, no acceptance needed vs. acceptance needed, and no notice of dishonour needed vs. notice of dishonour needed.

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