| Commentary

8 Construction

| Commentary

8 Construction

In determining whether an instrument constitutes a bill of exchange or promissory note the instrument should be construed by reference to the words on both its back and its face1. Extrinsic evidence may also admissible in construing the words on an instrument2. Whilst the court should adopt a strict approach to construction, when determining whether an instrument constitutes a bill of exchange, where reasonably possible, the court should lean in favour of a construction that upholds the instrument’s validity as a bill of exchange3.

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