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Promissory note

An unconditional, written and signed promise to pay a certain amount of money, on demand or at a certain defined date in the future.

An unconditional, written and signed promise to pay a certain amount of money, on demand or at a certain defined date in the future.

In Byles on Bills of Exchange, 25th Edition ( London: Sweet & Maxwell, 1983), authors M. Megrath and F. Ryder write, at page 317:

"No precise words of contract are essential in a promissory note providing that the legal effect is an unconditional promise to pay and also that there is evidence of the intention of the parties to make a promissory note."

A promissory note is similar to, but differs from, an IOU.

Canada's Bills of Exchange Act (Revised Statutes of Canada 1985, Chapter B-4, at §176, published at canlii.org/ca/sta/b-4/) defines a promissory note as:

"... an unconditional promise in writing made by one person to another person, signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money to, or to the order of, a specified person or to bearer."

Contrary to a bill of exchange, a promissory note is not drawn on any third party holding the payor’s money. It is a direct promise from the payor to the payee.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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