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the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 75 - Warehouse Receipts and Bills of Lading: Negotiation and Transfer
Section 7502 - Rights acquired by due negotiation
§ 7502. Rights acquired by due negotiation.
(a) Rights.--Subject to sections 7205 (relating to title
under warehouse receipt defeated in certain cases) and 7503
(relating to document of title to goods defeated in certain
cases), a holder to which a negotiable document of title has
been duly negotiated acquires thereby all of the following:
(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.
(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 division. 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.
(b) Effect of stoppage or surrender.--Subject to section
7503, 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.
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