Sec. 42a-7-502. Rights acquired by due negotiation.
Sec. 42a-7-502. Rights acquired by due negotiation. (a) Subject to sections 42a-7-205 and 42a-7-503, a holder to which a negotiable document of title has been duly
negotiated acquires thereby:
(1) Title to the document;
(2) Title to the goods;
(3) All rights accruing under the law of agency or estoppel, including rights to goods
delivered to the bailee after the document was issued; and
(4) The direct obligation of the issuer to hold or deliver the goods according to the
terms of the document free of any defense or claim by the issuer except those arising
under the terms of the document or under this article, but in the case of a delivery order,
the bailee's obligation accrues only upon the bailee's acceptance of the delivery order
and the obligation acquired by the holder is that the issuer and any endorser will procure
the acceptance of the bailee.
(b) Subject to section 42a-7-503, title and rights acquired by due negotiation are
not defeated by any stoppage of the goods represented by the document of title or by
surrender of the goods by the bailee and are not impaired even if:
(1) The due negotiation or any prior due negotiation constituted a breach of duty;
(2) Any person has been deprived of possession of a negotiable tangible document
or control of a negotiable electronic document by misrepresentation, fraud, accident,
mistake, duress, loss, theft or conversion; or
(3) A previous sale or other transfer of the goods or document has been made to a
third person.
(1959, P.A. 133, S. 7-502; P.A. 04-64, S. 30.)
History: P.A. 04-64 amended section to adopt the 2003 Revision of Uniform Commercial Code Article 7-Documents
of Title.