LPL4805
Assignment 1 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number:
Due Date: 20 August 2024
QUESTION 1 (2 ANSWERS PROVIDED)
Notarial noting and protest serve a critical role in the realm of negotiable instruments by
providing authentic and official evidence that such an instrument was properly presented for
acceptance or payment and subsequently dishonored. The procedure involves a notary public
drafting a formal document that records these events. This notarial document is considered
prima facie evidence, meaning it is accepted as correct until proven otherwise. Its procedural
benefit lies in its ability to establish the facts related to the presentment and dishonor of the
instrument in a legally recognized manner, thus simplifying the legal process. This notarial
evidence is particularly advantageous in that it cannot be contested during preliminary trial
proceedings, thereby streamlining the early stages of litigation and avoiding unnecessary
disputes. Challenges to the notarial noting and protest can only be raised during the main trial,
ensuring that the initial phases of legal action are based on uncontested, reliable evidence.
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