Arizona Revised Statutes § 47-7503 Document Of Title To Goods Defeated In Certain Cases

47-7503. Document of title to goods defeated in certain cases

A. A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a perfected security interest in the goods and that did not:

1. Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with:

(a) Actual or apparent authority to ship, store or sell;

(b) Power to obtain delivery under section 47-7403; or

(c) Power of disposition under section 47-2403, section 47-2A304, subsection B, section 47-2A305, subsection B, section 47-9320 or section 47-9321, subsection C or another statute or rule of law; or

2. Acquiesce in the procurement by the bailor or its nominee of any document.

B. Title to goods based on an unaccepted delivery order is subject to the rights of any person to which a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. That title may be defeated under section 47-7504 to the same extent as the rights of the issuer or a transferee from the issuer.

C. Title to goods based on a bill of lading issued to a freight forwarder is subject to the rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with article 4 of this chapter pursuant to its own bill of lading discharges the carrier's obligation to deliver.

Section: Previous  47-7309  47-7401  47-7402  47-7403  47-7404  47-7501  47-7502  47-7503  47-7504  47-7505  47-7506  47-7507  47-7508  47-7509  47-7601  Next

Last modified: October 13, 2016