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LAW 616 001 Negotiable Instruments

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Question

Ben agrees to buy a VW Polo motor vehicle from Kate. As part of the agreement, Ben draws a cheque for R170 000.00 on ABSA Bank payable to "Kate" and delivers the cheque to Kate. Kate delivers the motor vehicle to Ben. Kate decides to cede her rights from the sales contract to Thandi, but keeps the cheque in her possession. Ben approaches you for legal advice, since he is worried that he might be liable twice. His biggest concern is that both Kate and Thandi will be able to claim payment to the value of R170 000.00 from him. 

You are instructed to draft a legal opinion on this matter. Your legal opinion must indicated whether Kate, Thandi or both of them will be able to succeed in recovering the R170 000.00 from Ben. 

Hint: Your assignment must include an in depth discussion of the cambial and underlying obligations. 
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