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The Vermont Statutes Online
Title
09A
:
Uniform Commercial Code
Chapter
003
:
Commercial Paper
§
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;
(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; and
(6) if the
instrument is a demand draft, creation of the instrument according to the terms
on its face was authorized by the person identified as drawer.
(b) A person to
whom the warranties under subsection (a) of this section 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) of this section 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) of this section 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.
(e) If the
warranty in paragraph (a)(6) of this section is not given by a transferor under
applicable conflict of law rules, the warranty is not given to that transferor
when that transferor is a transferee. (Added 1993, No. 158 (Adj. Sess.), § 12,
eff. Jan. 1, 1995; amended 2003, No. 87 (Adj. Sess.), § 3.)