2011 Connecticut Code
Title 42a Uniform Commercial Code
Article 2 Sales
Sec. 42a-2-403. Power to transfer; good faith purchase of goods; "entrusting".

      Sec. 42a-2-403. Power to transfer; good faith purchase of goods; "entrusting". (1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though (a) the transferor was deceived as to the identity of the purchaser, or (b) the delivery was in exchange for a check which is later dishonored, or (c) it was agreed that the transaction was to be a "cash sale", or (d) the delivery was procured through fraud punishable as larcenous under the criminal law.

      (2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business.

      (3) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law.

      (4) The rights of other purchasers of goods and of lien creditors are governed by articles 7 and 9.

      (1959, P.A. 133, S. 2-403; P.A. 93-107, S. 2.)

      History: P.A. 93-107 amended Subsec. (4) to delete reference to article 6.

      Cited. 198 C. 624. Although merchant buyer had a heightened duty of inquiry because he had concerns about a party's ability to convey good title to a painting, trial court properly determined that the merchant buyer was a buyer in the ordinary course of business and took all rights the plaintiff had to the painting pursuant to Subsec. (2) because he took sufficient steps, under the circumstances of the case, to conform to reasonable commercial standards for the sale of artwork by retaining legal counsel to investigate title and by insisting on a formal contract of sale, containing warranties. 283 C. 65.