HRS §490:7-502
What you get when you properly receive a negotiable document of title
This section explains what you get when you properly receive a negotiable document of title: you own the document and the goods, and you have the right to have the goods delivered. Your rights stay strong even if the transfer was a mistake, involved fraud, or someone else already claimed the goods.
businesses
The statute, as written — Rights acquired by due negotiation
(a) Subject to sections 490:7-205 and 490:7-503, 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 section 490:7-503, 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.
Sections this one refers to
§490:7-205 Buyers get goods free of warehouse claims
§490:7-503 When a document of title does not protect against earlier claims
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