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Encyclopedia Britannica



ACCEPTANCE (Lat. acceptare, frequentative form of accipere, to receive)

This article appears in Volume V01, Page 113 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: A10-ADA
ACCEPTANCE (Lat. acceptare, frequentative form of accipere, to receive) , generally, a receiving or acknowledgment of receipt; in law, the act by which a person binds himself to comply with the request contained in a
bill
  of exchange (q.v.), addressed to him by the drawer. In all cases it is understood to be a promise to pay the
bill
  in money, the law not recognizing an acceptance in which the promise is to pay in some other way, e.g. partly in money and partly by another bill. Acceptance may be either general or qualified. A general acceptance is an engagement to pay the bill strictly according to its
tenor
 , and is made by the drawee subscribing his name, with or without the word " accepted," at the bottom of the bill, or across the face of it. Qualified acceptance may be a promise to pay on a contingency occur-
ring
 , e.g. on the sale of certain goods consigned by the drawer to the acceptor. No contingency is allowed to be mentioned in the
body
  of the bill, but a qualified acceptance is quite legal, and equally binding with a general acceptance upon the acceptor when the contingency has occurred. It is also qualified acceptance where the promise is to pay only
part
  of the sum mentioned in the bill, or to pay at a different time or
place
  from those specified. As a qualified acceptance is so far a disregard of the drawer's order, the holder is not obliged to take it; and if he chooses to take it he must give notice to antecedent parties, acting at his own
risk
  if they dissent. In all cases acceptance involves the signature of the acceptor either by himself or bysome person duly authorized on his behalf. A bill can be accepted in the first instance only by the person or persons to whom it is addressed; but if he or they fail to do so, it may, after being protested for non-acceptance, be accepted by some one else " supra protest," for the
sake
  of the honour of one or more of the parties concerned in it, and he thereupon acquires a claim against the drawer and all those to whom he could have resorted.


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