Countermanding Payment of a Cheque

Journal of Contemporary Roman-Dutch Law, Vol. 67, p. 640-655, 2004

16 Pages Posted: 10 Dec 2013

See all articles by C. J. Nagel

C. J. Nagel

University of Pretoria - Faculty of Law

JT Pretorius

University of South Africa (UNISA) - School of Law

Date Written: December 10, 2004

Abstract

A legal obligation envisages performance and is extinguished when the required performance is duly made. Monetary obligations must normally be discharged by the payment of the appropriate sum of money, that is to say, by means of legal tender. It is trite that a cheque is not legal tender and that a creditor, to whom a money debt is owing, may insist on strict compliance with the contract and demand payment by means of legal tender, that is, cash. However, the creditor may agree to accept a cheque in payment of the debt. Indeed, it is a principle of our law that a debtor is only entitled to pay by cheque if his creditor expressly or impliedly agrees to accept a cheque in payment of the debt.

Keywords: cheque, payment, countermanding payment

Suggested Citation

Nagel, C. J. and Pretorius, Joseph Thomas, Countermanding Payment of a Cheque (December 10, 2004). Journal of Contemporary Roman-Dutch Law, Vol. 67, p. 640-655, 2004, Available at SSRN: https://ssrn.com/abstract=2365685 or http://dx.doi.org/10.2139/ssrn.2365685

C. J. Nagel (Contact Author)

University of Pretoria - Faculty of Law ( email )

Lynnwood Road
Pretoria, 0002
South Africa

Joseph Thomas Pretorius

University of South Africa (UNISA) - School of Law ( email )

South Africa

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