Q.Distinguish between a Promissory Note and a Bill of Exchange.
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:
| Basis | Promissory Note | Bill of Exchange |
|---|---|---|
| Nature of the document | An unconditional promise to pay | An unconditional order to pay |
| Number of parties | Two — maker and payee | Three — drawer, drawee and payee |
| Who is primarily liable | The maker, from the outset | The drawee, but only once they accept the bill (before acceptance, the drawer alone is liable) |
| Acceptance | Never required | Required before the drawee becomes liable |
| Maker/Drawer and Payee being the same person | Never possible | Possible — a drawer can draw a bill payable to their own order |
| Notice of dishonour | Not necessary, since the maker is the original promisor | Necessary — 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.
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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