(a) A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a perfected security interest in the goods and that did not:
(1) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor’s nominee with:
- (A) Actual or apparent authority to ship, store, or sell;
- (B) Power to obtain delivery under § 7-403; or
- (C) Power of disposition under § 2-403, 2A-304(2), 2A-305(2), 9-320, or 9-321(c) or other statute or rule of law; or
- (D) Acquiesce in the procurement by the bailor or its nominee of any document.
- (b) Title to goods based upon an unaccepted delivery order is subject to the rights of any person to which a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. That title may be defeated under § 7-504 to the same extent as the rights of the issuer or a transferee from the issuer.
- (c) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with Part 4 pursuant to its own bill of lading discharges the carrier’s obligation to deliver.
5A Del. C. 1953, §§ 7-503; 55 Del. Laws, c. 349; 72 Del. Laws, c. 401, § 17; 74 Del. Laws, c. 332, § 39