Download This PaperCheques: Honour, Dishonour and Re-Honour. Standard Bank of South Africa Ltd v Peens, 2005 1 SA 315 (SCA)
Journal of Contemporary Roman-Dutch Law, Vol. 68, p. 527-532, 2005
6 Pages Posted: 10 Dec 2013
Date Written: December 10, 2005
Abstract
This decision deals with a number of important aspects of the law relating to cheques, such as "kiting" (also known as "cross-firing", "round-tripping" or "merry-go-round"), the effect of the drawer's liquidation on the drawee's duty and authority to pay a cheque in terms of section 73 of the Bills of Exchange Act 34 of 1964, and most importantly, whether a drawee bank may return a cheque as unpaid after the clearing period has elapsed, despite fraud on the part of the drawer.
Keywords: cheques, kiting, countermanding payment
Suggested Citation: Suggested Citation
Nagel, C. J. and Pretorius, Joseph Thomas, Cheques: Honour, Dishonour and Re-Honour. Standard Bank of South Africa Ltd v Peens, 2005 1 SA 315 (SCA) (December 10, 2005). Journal of Contemporary Roman-Dutch Law, Vol. 68, p. 527-532, 2005, Available at SSRN: https://ssrn.com/abstract=2365688 or http://dx.doi.org/10.2139/ssrn.2365688
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