13A-8-1
7-9A-102(a)(28), in respect of property in which the secured party has a security interest,
as defined in Section 7-1-201(37). (10) PROPELLED VEHICLE. Any propelled device in, upon,
or by which any person or property is transported on land, water, or in the air, and such
term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled
by machinery, whether or not that machinery is the principal source of propulsion. (11) PROPERTY.
Any money, tangible or intangible personal property, property (whether real or personal)
the location of which can be changed (including things growing on, affixed to, or found in
land and documents, although the rights represented hereby have no physical location), contract
right, chose-in-action, interest in a claim to wealth, credit, or any other article or thing
of value of any kind. Commodities of a public utility nature, such as gas, electricity, steam,
and water, constitute property, but the supplying of such a commodity to...
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8-19-5
means the transmission of information by the use of the telephone, with the specific intent
of defrauding a person by a material misrepresentation and obtaining property from that person
as a result of the fraud. Puffing or puffery does not constitute a scheme or artifice to defraud.
(26) Making any communication by telephone directly to another person which offers to the
other person a gift, award, or prize, where the person making the communication has actual
knowledge at the time of making the communication that the communication was materially false
and the person making the communication specifically intended to deprive the other person
of real or personal property as a result of the false communication. (27) Engaging
in any other unconscionable, false, misleading, or deceptive act or practice in the conduct
of trade or commerce. (Acts 1981, No. 81-355, p. 510, §5; Acts 1993, No. 93-203, §1; Act
99-583, p. 1327, §1; Act 2000-712, p. 1509, §1; Act 2002-496, p. 1276, §1.)...
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7-7-104
Section 7-7-104 Negotiable and nonnegotiable document of title. (a) Except as otherwise provided
in subsection (c), a document of title is negotiable if by its terms the goods are to be delivered
to bearer or to the order of a named person. (b) A document of title other than one described
in subsection (a) is nonnegotiable. A bill of lading that states that the goods are consigned
to a named person is not made negotiable by a provision that the goods are to be delivered
only against an order in a record signed by the same or another named person. (c) A document
of title is nonnegotiable if, at the time it is issued, the document has a conspicuous legend,
however expressed, that it is nonnegotiable. (Prior version of this section added by Acts
1965, No. 549, p. 811; repealed by Act 2004-315, p. 464, §1; current section added by Act
2004-315, p. 464, §1.)...
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7-7-404
Section 7-7-404 No liability for good faith delivery pursuant to document of title. A bailee
that in good faith has received goods and delivered or otherwise disposed of the goods according
to the terms of a document of title or pursuant to this article is not liable for the goods
even if: (1) The person from which the bailee received the goods did not have authority to
procure the document or to dispose of the goods; or (2) The person to which the bailee delivered
the goods did not have authority to receive the goods. (Prior version of this section added
by Acts 1965, No. 549, p. 811; repealed by Act 2004-315, p. 464, §1; current section added
by Act 2004-315, p. 464, §1.)...
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7-7-601
Section 7-7-601 Lost, stolen, or destroyed documents of title. (a) If a document of title is
lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute
document and the bailee may without liability to any person comply with the order. If the
document was negotiable, a court may not order delivery of the goods or issuance of a substitute
document without the claimant's posting security unless it finds that any person that may
suffer loss as a result of nonsurrender of possession or control of the document is adequately
protected against the loss. If the document was nonnegotiable, the court may require security.
The court may also order payment of the bailee's reasonable costs and attorney's fees in any
action under this subsection. (b) A bailee that, without a court order, delivers goods to
a person claiming under a missing negotiable document of title is liable to any person injured
thereby. If the delivery is not in good faith, the bailee is...
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7-3-203
Section 7-3-203 Transfer of instrument; rights acquired by transfer. (a) An instrument is transferred
when it is delivered by a person other than its issuer for the purpose of giving to the person
receiving delivery the right to enforce the instrument. (b) Transfer of an instrument, whether
or not the transfer is a negotiation, vests in the transferee any right of the transferor
to enforce the instrument, including any right as a holder in due course, but the transferee
cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from
a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.
(c) Unless otherwise agreed, if an instrument is transferred for value and the transferee
does not become a holder because of lack of indorsement by the transferor, the transferee
has a specifically enforceable right to the unqualified indorsement of the transferor, but
negotiation of the instrument does not occur until the...
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7-7-205
Section 7-7-205 Title under warehouse receipt defeated in certain cases. A buyer in ordinary
course of business of fungible goods sold and delivered by a warehouse that is also in the
business of buying and selling such goods takes the goods free of any claim under a warehouse
receipt even if the receipt is negotiable and has been duly negotiated. (Prior version of
this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-315, p. 464, §1; current
section added by Act 2004-315, p. 464, §1.)...
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7-2-401
Section 7-2-401 Passing of title; reservation for security; limited application of this section.
Each provision of this article with regard to the rights, obligations and remedies of the
seller, the buyer, purchasers or other third parties applies irrespective of title to the
goods except where the provision refers to such title. Insofar as situations are not covered
by the other provisions of this article and matters concerning title become material the following
rules apply: (1) Title to goods cannot pass under a contract for sale prior to their identification
to the contract (Section 7-2-501), and unless otherwise explicitly agreed the buyer acquires
by their identification a special property as limited by this title. Any retention or reservation
by the seller of the title (property) in goods shipped or delivered to the buyer is limited
in effect to a reservation of a security interest. Subject to these provisions and to the
provisions of the article on secured transactions (Article...
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7-2-705
Section 7-2-705 Seller's stoppage of delivery in transit or otherwise. (1) The seller may stop
delivery of goods in the possession of a carrier or other bailee when he discovers the buyer
to be insolvent (Section 7-2-702) and may stop delivery of carload, truckload, planeload or
larger shipments of express or freight when the buyer repudiates or fails to make a payment
due before delivery or if for any other reason the seller has a right to withhold or reclaim
the goods. (2) As against such buyer the seller may stop delivery until: (a) Receipt of the
goods by the buyer; or (b) Acknowledgment to the buyer by any bailee of the goods except a
carrier that the bailee holds the goods for the buyer; or (c) Such acknowledgment to the buyer
by a carrier by reshipment or as warehouseman; or (d) Negotiation to the buyer of any negotiable
document of title covering the goods. (3)(a) To stop delivery the seller must so notify as
to enable the bailee by reasonable diligence to prevent delivery of...
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7-9A-331
Section 7-9A-331 Priority of rights of purchasers of instruments, documents, and securities
under other articles; priority of interests in financial assets and security entitlements
under Article 8. (a) Rights under Articles 3, 7, and 8 not limited. This article does not
limit the rights of a holder in due course of a negotiable instrument, a holder to which a
negotiable document of title has been duly negotiated, or a protected purchaser of a security.
These holders or purchasers take priority over an earlier security interest, even if perfected,
to the extent provided in Articles 3, 7, and 8. (b) Protection under Article 8. This article
does not limit the rights of or impose liability on a person to the extent that the person
is protected against the assertion of a claim under Article 8. (c) Filing not notice. Filing
under this article does not constitute notice of a claim or defense to the holders, or purchasers,
or persons described in subsections (a) and (b). (Act 2001-481, p....
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