COMMENTS TO OFFICIAL TEXT
Prior Uniform Statutory Provision: Section 12, Uniform Trust Receipts Act.
Changes: Rewritten; no changes in substance.
Purposes of Changes:
There were a few common law decisions, mostly in cases involving trust receipts, which suggested, if they did not hold, that a secured party who gave his debtor liberty of sale might be liable (for example, for breach of warranty) on the debtor's contracts of sale. The theory was grounded on the law of agency; the debtor being regarded as selling agent for the secured party as principal. This section rejects that theory. Section 12 of the Uniform Trust Receipts Act provided that the entruster was not subject to liability, merely because of his status as entruster, on sale of the goods subject to trust receipt. This Section adopts the policy of the prior act and states it in general terms.
Cross References:
Section 2-210(4).
Definitional Cross References:
"Collateral". Section 9-105.
"Contract". Section 1-201.
"Debtor". Section 9-105.
"Secured party". Section 9-105.
"Security interest". Section 1-201.