(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.
Source: L. 2006: Entire article R&RE, p. 486, § 2, effective September 1. L. 2007: (a)(4) amended, p. 372, § 19, effective August 3.
Editor's note: This section is similar to former § 4-7-502 as it existed prior to 2006.
Prior Uniform Statutory Provision: Former Section 7-502.
Changes: To accommodate electronic documents of title and for style.
Purpose:
Cross References: Sections 7-103, 7-205, 7-403, 7-501, and 7-503.
Definitional Cross References:
"Bailee". Section 7-102.
"Delivery". Section 1-201.
"Delivery order". Section 7-102.
"Document of title". Section 1-201.
"Duly negotiate". Section 7-501.
"Fungible". Section 1-201.
"Goods". Section 7-102.
"Holder". Section 1-201.
"Issuer". Section 7-102.
"Person". Section 1-201.
"Rights". Section 1-201.
"Term". Section 1-201.
"Warehouse receipt". Section 1-201.
Structure Colorado Code
Title 4 - Uniform Commercial Code
Article 7 - Documents of Title
Part 5 - Warehouse Receipts and Bills of Lading - Negotiation and Transfer
§ 4-7-501. Form of Negotiation and Requirements of Due Negotiation
§ 4-7-502. Rights Acquired by Due Negotiation
§ 4-7-503. Document of Title to Goods Defeated in Certain Cases
§ 4-7-505. Indorser Not Guarantor for Other Parties
§ 4-7-506. Delivery Without Indorsement - Right to Compel Indorsement
§ 4-7-507. Warranties on Negotiation or Delivery of Document of Title
§ 4-7-508. Warranties of Collecting Bank as to Documents of Title