Kansas Statutes
Article 7 - Warehouse Receipts, Bills Of Lading And Other Documents Of Title
84-7-502 Rights acquired by due negotiation.

84-7-502. Rights acquired by due negotiation. (a) Subject to K.S.A. 2021 Supp. 84-7-205 and 84-7-503, and amendments thereto, a holder to which a negotiable document of title has been duly negotiated acquires thereby:
(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; and
(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 article, but 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) Subject to K.S.A. 2021 Supp. 84-7-503, and amendments thereto, 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.
History: L. 2007, ch. 90, § 31; July 1, 2008.
Revisor's Note:
Former section 84-7-502 repealed by L. 2007, ch. 90, § 78 and the number reassigned to the current text.

Structure Kansas Statutes

Kansas Statutes

Chapter 84 - Uniform Commercial Code

Article 7 - Warehouse Receipts, Bills Of Lading And Other Documents Of Title

84-7-101 Short title.

84-7-102 Definitions and index of definitions.

84-7-103 Relation of article to treaty or statute.

84-7-104 Negotiable and nonnegotiable document of title.

84-7-105 Reissuance in alternative medium.

84-7-106 Control of electronic document of title.

84-7-201 Person that may issue a warehouse receipt; storage under bond.

84-7-202 Form of warehouse receipt; effect of omission.

84-7-203 Liability for nonreceipt or misdescription.

84-7-204 Duty of care; contractual limitation of warehouse's liability.

84-7-205 Title under warehouse receipt defeated in certain cases.

84-7-206 Termination of storage at warehouse's option

84-7-207 Goods must be kept separate; fungible goods.

84-7-208 Altered warehouse receipts.

84-7-209 Lien of warehouse.

84-7-210 Enforcement of warehouse's lien.

84-7-301 Liability for nonreceipt or misdescription; "said to contain"; "shipper's weight, load and count"; improper handling.

84-7-302 Through bills of lading and similar documents of title.

84-7-303 Diversion; reconsignment; change of instructions.

84-7-304 Tangible bills of lading in a set.

84-7-305 Destination bills.

84-7-306 Altered bills of lading.

84-7-307 Lien of carrier.

84-7-308 Enforcement of carrier's lien.

84-7-309 Duty of care; contractual limitation of carrier's liability.

84-7-401 Irregularities in issue of receipt or bill or conduct of issuer.

84-7-402 Duplicate document of title; overissue.

84-7-403 Obligation of bailee to deliver; excuse.

84-7-404 No liability for good faith delivery pursuant to document of title.

84-7-501 Form of negotiation and requirements of due negotiation.

84-7-502 Rights acquired by due negotiation.

84-7-503 Document of title to goods defeated in certain cases.

84-7-504 Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery.

84-7-505 Indorser not a guarantor for other parties.

84-7-506 Delivery without indorsement; right to compel indorsement.

84-7-507 Warranties on negotiation or delivery of document of title.

84-7-508 Warranties of collecting bank as to documents of title.

84-7-509 Adequate compliance with commercial contract.

84-7-601 Lost, stolen or destroyed documents of title.

84-7-602 Judicial process against goods covered by negotiable document of title.

84-7-603 Conflicting claims; interpleader.

84-7-703 Applicability.

84-7-704 Savings clause.