Tutorial Letter 201/3/2021
NOTARIAL PRACTICE LPL4805 Super Semester
LPL4805
Super Semester
Department of Private
... [Show More] Law
Dear Student
In this tutorial letter, we provide you with the memoranda for the two compulsory assignments and the suggested answers to the self-assessment assignment.
IMPORTANT NOTICE
Check timeously that you are eligible to write the examination, in other words, that the University has received and assessed your compulsory assignments and that your marks have been recorded.
QUESTION
B receives a large cheque as payment from one of his clients, but the bank dishonours the cheque. In order to get a liquid claim immediately, B instructs X, his notary, to assist him
(B) with the necessary legal processes. Explain to B what legal processes his notary has to follow in order to secure the liquid claim. Explain to B what the processes mean and their importance. (10)
Suggested answer:
When a bill is dishonoured by non-acceptance or non-payment, the holder of the bill must approach a notary to note and protest this state of affairs. The notary's initial task is to present the bill once again. If the bill is again dishonoured, the notary drafts a short report or noting slip in which he or she notes the dishonour in writing. The noting slip is therefore a short note in which the notary factually confirms the presentment of the bill and the reaction to the presentment. It would be advisable for the notary to initial the bill and identify it with a number in the protocol register, referring to where the copy of the bill and the duplicate original noting slip is filed.
Thereafter, the notary will prepare a protest which is the formal written report by a notary in which he or she states that the bill was dishonoured, and that the holder intends to claim the amount of the bill together with all the costs that he or she had to incur in respect thereof.
The purpose of notarial noting and protest is to create authentic evidence that a negotiable instrument was duly presented (for acceptance or payment), and that it was dishonoured after presentment. When a notarial noting and protest is drafted by a notary, this is prima facie evidence of the facts contained therein, and it may not be contested in preliminary trial proceedings. It may only be contested at the main trial.
Study unit 7 (10)
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