The duties of the holder of the instrument regarding presentment (for payment and or
acceptance) and the noting and protesting of dishonour
Section 70(c) which governs the questions set out above ‘verges perilously on the
unintelligible’. As Cheshire points out, the section mentions three
events—presentment, protest of dishonour, and notice of dishonour, and two legal
systems—the law of the place where the act is done and the law of the place of
dishonour—but there is little indication of how the two legal systems are to be distributed
amongst the three events.
The consensus seems to be, however, that the law of the place of
presentment—whether for acceptance or payment—governs the holder’s duties in regard to
presentment; and the law of the place of dishonour regulates his duties regarding the noting
and protesting thereof. summarise this