TITLE 6A
Uniform Commercial Code
CHAPTER 6A-3
Negotiable Instruments
PART 6A-3-401
Liability of Parties
SECTION 6A-3-417
§ 6A-3-417 Presentment warranties.
(a) If an unaccepted draft is presented to the drawee for payment or acceptance
and the drawee pays or accepts the draft, (i) the person obtaining payment or
acceptance, at the time of presentment, and (ii) a previous transferor of the
draft, at the time of transfer, warrant to the drawee making payment or
accepting the draft in good faith that:
(1) The warrantor is, or was, at the time the warrantor
transferred the draft, a person entitled to enforce the draft or authorized to
obtain payment or acceptance of the draft on behalf of a person entitled to
enforce the draft;
(2) The draft has not been altered; and
(3) The warrantor has no knowledge that the signature of the
drawer of the draft is unauthorized.
(b) A drawee making payment may recover from any warrantor
damages for breach of warranty equal to the amount paid by the drawee less the
amount the drawee received or is entitled to receive from the drawer because of
the payment. In addition, the drawee is entitled to compensation for expenses
and loss of interest resulting from the breach. The right of the drawee to
recover damages under this subsection is not affected by any failure of the
drawee to exercise ordinary care in making payment. If the drawee accepts the
draft, breach of warranty is a defense to the obligation of the acceptor. If
the acceptor makes payment with respect to the draft, the acceptor is entitled
to recover from any warrantor for breach of warranty the amounts stated in this
subsection.
(c) If a drawee asserts a claim for breach of warranty under
subsection (a) based on an unauthorized indorsement of the draft or an
alteration of the draft, the warrantor may defend by proving that the
indorsement is effective under § 6A-3-404 or 6A-3-405 or the drawer is
precluded under § 6A-3-406 or 6A-4-406 from asserting against the drawee
the unauthorized indorsement or alteration.
(d) If (i) a dishonored draft is presented for payment to the
drawer or an indorser or (ii) any other instrument is presented for payment to
a party obliged to pay the instrument, and (iii) payment is received, the
following rules apply:
(1) The person obtaining payment and a prior transferor of
the instrument warrant to the person making payment in good faith that the
warrantor is, or was, at the time the warrantor transferred the instrument, a
person entitled to enforce the instrument or authorized to obtain payment on
behalf of a person entitled to enforce the instrument.
(2) The person making payment may recover from any warrantor
for breach of warranty an amount equal to the amount paid plus expenses and
loss of interest resulting from the breach.
(e) The warranties stated in subsections (a) and (d) 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) or (d) is discharged to the extent of any loss
caused by the delay in giving notice of the claim.
(f) 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.)