Commonwealth Consolidated Acts

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CHEQUES ACT 1986 - SECT 77

Transferor by delivery

  (1)   A transferor by delivery is a holder of a cheque payable to bearer who transfers the cheque by negotiation without indorsing the cheque.

  (2)   A transferor by delivery is not liable on the cheque.

  (3)   Where the person to whom a transferor by delivery transfers the cheque by negotiation takes the cheque for value, the transferor by delivery warrants to the person:

  (a)   that the cheque is what it purports to be;

  (b)   that the transferor by delivery has the right to transfer the cheque by negotiation; and

  (c)   that the transferor by delivery is not, at the time of the transfer, aware of any fact that renders the cheque valueless.


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