2005 Connecticut Code - Sec. 42a-2-401. Passing of title; reservation for security; limited application of this section.
Sec. 42a-2-401. Passing of title; reservation for security; limited application
of this section. Each provision of this article with regard to the rights, obligations and
remedies of the seller, the buyer, purchasers or other third parties applies irrespective
of title to the goods except where the provision refers to such title. Insofar as situations
are not covered by the other provisions of this article and matters concerning title become
material the following rules apply:
(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading (a) if the contract requires or authorizes the seller to send the goods to the buyer but does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment; but (b) if the contract requires delivery at destination, title passes on tender there.
(3) Unless otherwise explicitly agreed where delivery is to be made without moving the goods, (a) if the seller is to deliver a tangible document of title, title passes at the time when and the place where he delivers such documents and if the seller is to deliver an electronic document of title, title passes when the seller delivers the document; or (b) if the goods are at the time of contracting already identified and no documents of title are to be delivered, title passes at the time and place of contracting.
(4) A rejection or other refusal by the buyer to receive or retain the goods, whether or not justified, or a justified revocation of acceptance revests title to the goods in the seller. Such revesting occurs by operation of law and is not a "sale".
(1959, P.A. 133, S. 2-401; P.A. 04-64, S. 48.)
History: P.A. 04-64 amended Subdiv. (3) by adding reference to "tangible" document of title, adding provision re electronic document of title and making a technical change to conform to revisions made to article 7 by the same act.
One who delivers goods cannot retain title. 161 C. 242. Cited. 166 C. 280, 288. Cited. 198 C. 624, 629, 630, 632-635.
Cited. 25 CS 111.
Subdiv. (1):
Cited. 198 C. 624, 632, 633. Cited. 216 C. 17, 23.
Subdiv. (2):
Delivery completes performance even without certificate of title where one is required. 161 C. 388. Cited. 163 C. 62. (a) cited. 198 C. 624, 632. (b) cited. Id. Cited Id., 624, 632, 633.
Subdiv. (3):
Cited. 198 C. 624, 632, 633.
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