70A-7a-503 - Document of title to goods defeated in certain cases. - Utah Statutes

70A-7a-503. Document of title to goods defeated in certain cases.
(1) A document of title confers no right in goods against a person that before issuance ofthe document had a legal interest or a perfected security interest in the goods and that did not:
(a) deliver or entrust the goods or any document of title covering the goods to the bailoror the bailor's nominee with:
(i) actual or apparent authority to ship, store, or sell;
(ii) power to obtain delivery under Section 70A-7a-403; or
(iii) power of disposition under Section 70A-2-403, Subsection 70A-2a-304(2),Subsection 70A-2a-305(2), Section 70A-9a-320, or Subsection 70A-9a-321(3) or other statute orrule of law; or
(b) acquiesce in the procurement by the bailor or its nominee of any document.
(2) Title to goods based upon an unaccepted delivery order is subject to the rights of anyperson to which a negotiable warehouse receipt or bill of lading covering the goods has been dulynegotiated. That title may be defeated under Section 70A-7a-504 to the same extent as the rightsof the issuer or a transferee from the issuer.
(3) Title to goods based upon a bill of lading issued to a freight forwarder is subject tothe rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with Part 4, Warehouse Receipts and Bills ofLading: General Obligations, pursuant to its own bill of lading discharges the carrier's obligationto deliver.

Enacted by Chapter 42, 2006 General Session