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Power to transfer; good faith purchase of goods;Legal Research Home > Pennsylvania Statutes
§ 2403. Power to transfer; good faith purchase of goods;
"entrusting."
(a) Transfer of title.--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:
(1) the transferor was deceived as to the identity of
the purchaser;
(2) the delivery was in exchange for a check which is
later dishonored;
(3) it was agreed that the transaction was to be a "cash
sale"; or
(4) the delivery was procured through fraud punishable
as larcenous under the criminal law.
(b) Transfer by merchant entrusted with possession of
goods.--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.
(c) Definition of "entrusting".--"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 disposition of the goods by
the possessor has been such as to be larcenous under the
criminal law.
(d) Rights of other purchasers and lien creditors.--The
rights of other purchasers of goods and of lien creditors are
governed by Division 7 (relating to documents of title) and
Division 9 (relating to secured transactions).
(July 9, 1992, P.L.507, No.97, eff. one year)
1992 Amendment. Act 97 amended subsec. (d).
Cross References. Section 2403 is referred to in sections
2103, 2702, 2A103, 7503, 9315 of this title.
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Last modified: November 27, 2007 |
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