(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 merchant buyer was a buyer in the ordinary course of business and took all rights 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.
Structure Connecticut General Statutes
Title 42a - Uniform Commercial Code
Section 42a-2-101. - Short title: Uniform Commercial Code–Sales.
Section 42a-2-102. - Scope; certain security and other transactions excluded from this article.
Section 42a-2-103. - Definitions and index of definitions.
Section 42a-2-104. - Definitions: “Merchant”; “between merchants”; “financing agency”.
Section 42a-2-107. - Goods to be severed from realty; recording.
Section 42a-2-201. - Formal requirements; statute of frauds.
Section 42a-2-202. - Final written expression: Parol or extrinsic evidence.
Section 42a-2-203. - Seals inoperative.
Section 42a-2-204. - Formation in general.
Section 42a-2-205. - Firm offers.
Section 42a-2-206. - Offer and acceptance in formation of contract.
Section 42a-2-207. - Additional terms in acceptance or confirmation.
Section 42a-2-208. - Course of performance or practical construction.
Section 42a-2-209. - Modification, rescission and waiver.
Section 42a-2-210. - Delegation of performance; assignment of rights.
Section 42a-2-301. - General obligations of parties.
Section 42a-2-302. - Unconscionable contract or clause.
Section 42a-2-303. - Allocation or division of risks.
Section 42a-2-304. - Price payable in money, goods, realty, or otherwise.
Section 42a-2-305. - Open price term.
Section 42a-2-306. - Output, requirements and exclusive dealings.
Section 42a-2-307. - Delivery in single lot or several lots.
Section 42a-2-308. - Absence of specified place for delivery.
Section 42a-2-309. - Absence of specific time provisions; notice of termination.
Section 42a-2-311. - Options and cooperation respecting performance.
Section 42a-2-313. - Express warranties by affirmation, promise, description, sample.
Section 42a-2-314. - Implied warranty: merchantability; usage of trade.
Section 42a-2-315. - Implied warranty: fitness for particular purpose.
Section 42a-2-316. - Exclusion or modification of warranties.
Section 42a-2-317. - Cumulation and conflict of warranties express or implied.
Section 42a-2-318. - Third party beneficiaries of seller's warranties whether express or implied.
Section 42a-2-319. - F.O.B. and F.A.S. terms.
Section 42a-2-320. - C.I.F. and C. & F. terms.
Section 42a-2-322. - Delivery “ex-ship”.
Section 42a-2-323. - Form of bill of lading required in overseas shipment; “overseas”.
Section 42a-2-324. - “No arrival, no sale” term.
Section 42a-2-325. - “Letter of credit” term; “confirmed credit”.
Section 42a-2-326. - Sale on approval and sale or return; rights of creditors.
Section 42a-2-327. - Special incidents of sale on approval and sale or return.
Section 42a-2-328. - Sale by auction.
Section 42a-2-403. - Power to transfer; good faith purchase of goods; “entrusting”.
Section 42a-2-501. - Insurable interest in goods; manner of identification of goods.
Section 42a-2-503. - Manner of seller's tender of delivery.
Section 42a-2-504. - Shipment by seller.
Section 42a-2-505. - Seller's shipment under reservation.
Section 42a-2-506. - Rights of financing agency.
Section 42a-2-507. - Effect of seller's tender; delivery on condition.
Section 42a-2-508. - Cure by seller of improper tender or delivery; replacement.
Section 42a-2-509. - Risk of loss in the absence of breach.
Section 42a-2-510. - Effect of breach on risk of loss.
Section 42a-2-511. - Tender of payment by buyer; payment by check.
Section 42a-2-512. - Payment by buyer before inspection.
Section 42a-2-513. - Buyer's right to inspection of goods.
Section 42a-2-514. - When documents deliverable on acceptance; when on payment.
Section 42a-2-515. - Preserving evidence of goods in dispute.
Section 42a-2-601. - Buyer's rights on improper delivery.
Section 42a-2-602. - Manner and effect of rightful rejection.
Section 42a-2-603. - Merchant buyer's duties as to rightfully rejected goods.
Section 42a-2-605. - Waiver of buyer's objections by failure to particularize.
Section 42a-2-606. - What constitutes acceptance of goods.
Section 42a-2-608. - Revocation of acceptance in whole or in part.
Section 42a-2-609. - Right to adequate assurance of performance.
Section 42a-2-610. - Anticipatory repudiation.
Section 42a-2-611. - Retraction of anticipatory repudiation.
Section 42a-2-612. - “Installment contract”; breach.
Section 42a-2-613. - Casualty to identified goods.
Section 42a-2-614. - Substituted performance.
Section 42a-2-615. - Excuse by failure of presupposed conditions.
Section 42a-2-616. - Procedure on notice claiming excuse.
Section 42a-2-701. - Remedies for breach of collateral contracts not impaired.
Section 42a-2-702. - Seller's remedies on discovery of buyer's insolvency.
Section 42a-2-703. - Seller's remedies in general.
Section 42a-2-705. - Seller's stoppage of delivery in transit or otherwise.
Section 42a-2-706. - Seller's resale including contract for resale.
Section 42a-2-707. - “Person in the position of a seller”.
Section 42a-2-708. - Seller's damages for nonacceptance or repudiation.
Section 42a-2-709. - Action for the price.
Section 42a-2-710. - Seller's incidental damages.
Section 42a-2-711. - Buyer's remedies in general; buyer's security interest in rejected goods.
Section 42a-2-712. - “Cover”; buyer's procurement of substitute goods.
Section 42a-2-713. - Buyer's damages for nondelivery or repudiation.
Section 42a-2-714. - Buyer's damages for breach in regard to accepted goods.
Section 42a-2-715. - Buyer's incidental and consequential damages.
Section 42a-2-716. - Buyer's right to specific performance or replevin.
Section 42a-2-717. - Deduction of damages from the price.
Section 42a-2-718. - Liquidation or limitation of damages; deposits.
Section 42a-2-719. - Contractual modification or limitation of remedy.
Section 42a-2-720. - Effect of “cancellation” or “rescission” on claims for antecedent breach.
Section 42a-2-721. - Remedies for fraud.
Section 42a-2-722. - Who can sue third parties for injury to goods.
Section 42a-2-723. - Proof of market price; time and place.
Section 42a-2-724. - Admissibility of market quotations.
Section 42a-2-725. - Statute of limitations in contracts for sale.