§ 6A-3-416. Transfer warranties.
(a) A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that:
(1) The warrantor is a person entitled to enforce the instrument;
(2) All signatures on the instrument are authentic and authorized;
(3) The instrument has not been altered;
(4) The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor; and
(5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.
(b) A person to whom the warranties under subsection (a) are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.
(c) The warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(d) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
History of Section.P.L. 2000, ch. 238, § 3; P.L. 2000, ch. 421, § 3.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Chapter 6A-3 - Negotiable Instruments
Section 6A-3-401. - Signature.
Section 6A-3-402. - Signature by representative.
Section 6A-3-403. - Unauthorized signature.
Section 6A-3-404. - Impostors — Fictitious payees.
Section 6A-3-405. - Employer’s responsibility for fraudulent indorsement by employee.
Section 6A-3-406. - Negligence contributing to forged signature or alteration of instrument.
Section 6A-3-407. - Alteration.
Section 6A-3-408. - Drawee not liable on unaccepted draft.
Section 6A-3-409. - Acceptance of draft — Certified check.
Section 6A-3-410. - Acceptance varying draft.
Section 6A-3-411. - Refusal to pay cashier’s checks, teller’s checks, and certified checks.
Section 6A-3-412. - Obligation of issuer of note or cashier’s check.
Section 6A-3-413. - Obligation of acceptor.
Section 6A-3-414. - Obligation of drawer.
Section 6A-3-415. - Obligation of indorser.
Section 6A-3-416. - Transfer warranties.
Section 6A-3-417. - Presentment warranties.
Section 6A-3-418. - Payment or acceptance by mistake.