A bill of
exchange comes from an open credit arrangement where the creditor gets the documentary
evidence of the amount owing and also the terms of payment. The buyer must pay
the amount shown on the bill of exchange on the specified date. Therefore, a
bill of exchange can be defined as a legal evidence of debt (an acknowledgement
of debt), and which fixes the date of payment. If the buyer has some claim over
the seller (e.g. quantity received less than ordered or defective goods
delivered, etc.) the former may sue the latter for relief. But this suit has
nothing to do with the question of payment of bill of exchange.
“A bill of
exchange is an instrument in writing containing an unconditional order, signed
by the maker, directing a certain person to pay a certain sum of money only to,
or to the order of, a certain person, or to the bearer of instrument.”
Three
parties in a bill of exchange
- Drawer ( Maker)
- Drawee (acceptor or debtor)
- Payee ( the person who receives money , drawer may make bill himself)
Bills
receivable and Bills Payable
Every bill
has to be accepted by drawee and it made payable to payee, Since the drawer
(creditor) draws the bill, a bill from the point of view of the drawer is
called a Bills Receivable because the money receivable by him.
On the
other hand, the same bill from the point of view of the drawee (the debtor, who
accept the bill) is called a Bills Payable because the money is payable by him.
Advantages
of bill of exchange are the drawer c can obtain payment from banker before its
due date and a bill can be transferred freely if it is bearer instrument.
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