eLaws of Florida

  SECTION 677.502. Rights acquired by due negotiation.  


Latest version.
  • 1(1) 2Subject to ss. 5677.205 6and 7677.503, 8a holder to which a negotiable document of title has been duly negotiated acquires thereby:
    23(a) 24Title to the document;
    28(b) 29Title to the goods;
    33(c) 34All rights accruing under the law of agency or estoppel, including rights to goods delivered to the bailee after the document was issued; and
    58(d) 59The 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 chapter, 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 indorser will procure the acceptance of the bailee.
    142(2) 143Subject to the following section, title and rights so 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:
    186(a) 187The due negotiation or any prior due negotiation constituted a breach of duty;
    200(b) 201Any 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
    231(c) 232A previous sale or other transfer of the goods or document has been made to a third person.
History.-s. 1, ch. 65-254; s. 639, ch. 97-102; s. 46, ch. 2010-131.

Note

Note.-s. 7-502, U.C.C.; supersedes ss. 678.43, 678.49-678.51.

Bills Cite this Section:

None

Cited by Court Cases:

None