He never really intended to issue an BUT there is a presumption that the
instrument but he is issuing the cancellation is intentional and thus
instrument so that B can? What’s the the burden of proof lies with the purpose why he needs the holder instrument?
So that he can? So that he may use
NEXT instance which discharges the it in entering into a contract instrument whatever it may be. This refers to the modes of But why did B pick A to do that? In extinguishing a contract under the order to borrow A’s credit standing civil code as A has better credit standing that B. PALOREMECONO When is the instrument discharged Payment, Loss of the thing due, then? So the instrument is discharged Merger or Confusion, Remission or if the accommodated party or his Condonation, Compensation, agent pays the holder of the Novation instrument for after all between A and B it is B who is actually liable on ARFP the instrument thus his payment Annulment discharges the instrument. Rescission BREAK Fulfilment of resolutory condition Another instance when an instrument in discharged? Prescription
When there is intentional These modes can extinguish the
cancellation by the holder. liability under the NIL
It may happen by striking of Letter E of section 119 what does that
signature or by burning or by mean? stamping cancelled on the face of This simply refers to Merger, the the instrument. However, the holder and the person principally cancellation must be intentional liable on the instrument becomes because a cancellation made the same person through a mistake or without the authority of the holder is INOPERATIVE All of these grounds discharges the instrument and as an effect it discharges the principal debtor as well as parties secondarily liable