If all requirments of a negotiable instrument have been met except delivery. can/should payment depend solely on delivery? If so/not why?
If all requirements of a negotiable instrument have been met except delivery, the question of whether payment can or should depend solely on delivery depends on the nature of the instrument and the relevant laws and regulations governing negotiable instruments in the jurisdiction.
In general, delivery is a crucial element for the negotiability of an instrument. Delivery involves physically transferring possession of the instrument from one party to another with the intention of transferring ownership. Without delivery, a negotiable instrument may not be considered valid or enforceable.
If the requirement of delivery is not met, it can impact the negotiability of the instrument and potentially affect the rights and obligations of the parties involved. In most cases, payment should not solely depend on delivery if that requirement has not been fulfilled.
However, there may be exceptional circumstances or specific provisions outlined in the relevant laws that allow for alternative methods of payment or address situations where delivery is not possible, such as electronic transactions or digital instruments. It is important to consult the applicable laws and seek legal advice to determine the specific requirements and options in such cases.
To get a definitive answer about the consequences of an incomplete delivery for a negotiable instrument, it is recommended to review the relevant jurisdiction's laws governing negotiable instruments, consult legal professionals, or refer to legal resources like statutes or legal textbooks that address the topic.