D.C. Code § 28:7-502 — DC Code / Title 28 / Chapter  / § 28:7-502
§ 28:7-502. Rights acquired by due negotiation.
Status: in_force

(a) Subject to §§ 28:7-205 and 28:7-503 , a holder to which a negotiable document of title has been duly negotiated acquires thereby:
  (1) Title to the document;
  (2) Title to the goods;
  (3) All rights accruing under the law of agency or estoppel, including rights to goods delivered to the bailee after the document was issued; and
  (4) The direct obligation of the issuer to hold or deliver the goods according to the terms of the document free of any defense or claim by the issuer except those arising under the terms of the document or under this article, but in the case of a delivery order, the bailee’s obligation accrues only upon the bailee’s acceptance of the delivery order and the obligation acquired by the holder is that the issuer and any indorser will procure the acceptance of the bailee.
(b) Subject to § 28:7-503 , title and rights acquired by due negotiation are not defeated by any stoppage of the goods represented by the document of title or by surrender of the goods by the bailee and are not impaired even if:
  (1) The due negotiation or any prior due negotiation constituted a breach of duty;
  (2) Any person has been deprived of possession of a negotiable tangible document or control of a negotiable electronic document by misrepresentation, fraud, accident, mistake, duress, loss, theft, or conversion; or
  (3) A previous sale or other transfer of the goods or document has been made to a third person.
D.C. Code § 28:4-403 — DC Code / Title 28 / Chapter  / § 28:4-403
§ 28:4-403. Customer’s right to stop payment; burden of proof of loss.
Status: in_force

(a) A customer, or any person authorized to draw on the account if there is more than one person, may stop payment of any item drawn on the customer’s account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in section 28:4-303. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.
(b) A stop-payment order is effective for 6 months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in a record within that period. A stop-payment order may be renewed for additional 6-month periods by a record given to the bank within a period during which the stop-payment order is effective.
(c) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under section 28:4-402.
D.C. Code § 28-3806 — DC Code / Title 28 / Chapter 38 / § 28-3806
§ 28-3806. Attorney’s fees.
Status: in_force

With respect to a consumer credit sale or direct installment loan the agreement may provide for the payment by the consumer of reasonable attorney’s fees not in excess of 15% of the unpaid balance of the obligation.
D.C. Code § 28:4-302 — DC Code / Title 28 / Chapter  / § 28:4-302
§ 28:4-302. Payor bank’s responsibility for late return of item.
Status: in_force

(a) If an item is presented to and received by a payor bank, the bank is accountable for the amount of:
  (1) A demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or
  (2) Any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.
(b) The liability of a payor bank to pay an item pursuant to subsection (a) of this section is subject to defenses based on breach of a presentment warranty (section 28:4-208) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.
D.C. Code § 28-4804.13 — DC Code / Title 28 / Chapter 48 / § 28-4804.13
§ 28-4804.13. Property not productive of income.
Status: in_force

(a) If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse or domestic partner with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under § 28-4801.04 and distributes to the spouse or domestic partner from principal pursuant to the terms of the trust are insufficient to provide the spouse or domestic partner with the beneficial enjoyment required to obtain the marital deduction, the spouse or domestic partner may require the trustee to make property productive of income, convert property within a reasonable time, or exercise the power conferred by § 28-4801.04(a) . The trustee may decide which action or combination of actions to take.
(b) In cases not governed by subsection (a) of this section, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period.
D.C. Code § 28:9-340 — DC Code / Title 28 / Chapter  / § 28:9-340
§ 28:9-340. Effectiveness of right of recoupment or set-off against deposit account.
Status: in_force

(a) Except as otherwise provided in subsection (c), a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account.
(b) Except as otherwise provided in subsection (c), the application of this article to a security interest in a deposit account does not affect a right of recoupment or set-off of the secured party as to a deposit account maintained with the secured party.
(c) The exercise by a bank of a set-off against a deposit account is ineffective against a secured party that holds a security interest in the deposit account which is perfected by control under § 28:9-104(a)(3) , if the set-off is based on a claim against the debtor.
D.C. Code § 28:8-408 — DC Code / Title 28 / Chapter  / § 28:8-408
§ 28:8-408. Statements of uncertificated securities.
Status: in_force

(a) Within 2 business days after the transfer of an uncertificated security has been registered, the issuer shall send to the new registered owner and, if the security has been transferred subject to a registered pledge, to the registered pledgee a written statement containing:
  (1) A description of the issue of which the uncertificated security is a part;
  (2) The number of shares or units transferred;
  (3) The name and address and any taxpayer identification number of the new registered owner and, if the security has been transferred subject to a registered pledge, the name and address and any taxpayer identification number of the registered pledgee;
  (4) A notation of any liens and restrictions of the issuer and any adverse claims (as to which the issuer has a duty under § 28:8-403(d) ) to which the uncertificated security is or may be subject at the time of registration or a statement that there are none of those liens, restrictions, or adverse claims; and
  (5) The date the transfer was registered.
(b) Within 2 business days after the pledge of an uncertificated security has been registered, the issuer shall send to the registered owner and the registered pledgee a written statement containing:
  (1) A description of the issue of which the uncertificated security is a part;
  (2) The number of shares or units pledged;
  (3) The name and address and any taxpayer identification number of the registered owner and the registered pledgee;
  (4) A notation of any liens and restrictions of the issuer and any adverse claims (as to which the issuer has a duty under § 28:8-403(d) ) to which the uncertificated security is or may be subject at the time of registration or a statement that there are none of those liens, restrictions, or adverse claims; and
  (5) The date the pledge was registered.
(c) Within 2 business days after the release from pledge of an uncertificated security has been registered, the issuer shall send to the registered owner and the pledgee whose interest was released a written statement containing:
  (1) A description of the issue of which the uncertificated security is a part;
  (2) The number of shares or units released from pledge;
  (3) The name and address and any taxpayer identification number of the registered owner and the pledgee whose interest was released;
  (4) A notation of any liens and restrictions of the issuer and any adverse claims (as to which the issuer has a duty under § 28:8-403(d) ) to which the uncertificated security is or may be subject at the time of registration or a statement that there are none of those liens, restrictions, or adverse claims; and
  (5) The date the release was registered.
(d) An “initial transaction statement” is the statement sent to:
  (1) The new registered owner and, if applicable, to the registered pledgee pursuant to subsection (a) of this section;
  (2) The registered pledgee pursuant to subsection (b) of this section; or
  (3) The registered owner pursuant to subsection (c) of this section.
(e) Each initial transaction statement shall be signed by or on behalf of the issuer and must be identified as “Initial Transaction Statement”.
(f) Within 2 business days after the transfer of an uncertificated security has been registered, the issuer shall send to the former registered owner and the former registered pledgee, if any, a written statement containing:
  (1) A description of the issue of which the uncertificated security is a part;
  (2) The number of shares or units transferred;
  (3) The name and address and any taxpayer identification number of the former registered owner and of any former registered pledgee; and
  (4) The date the transfer was registered.
(g) At periodic intervals no less frequent than annually and at any time upon the reasonable written request of the registered owner, the issuer shall send to the registered owner of each uncertificated security a dated written statement containing:
  (1) A description of the issue of which the uncertificated security is a part;
  (2) The name and address and any taxpayer identification number of the registered owner;
  (3) The number of shares or units of the uncertificated security registered in the name of the registered owner on the date of the statement;
  (4) The name and address and any taxpayer identification number of the registered pledgee and the number of shares or units subject to the pledge; and
  (5) A notation of any liens and restrictions of the issuer and any adverse claims (as to which the issuer has a duty under § 28:8-403(d) ) to which the uncertificated security is or may be subject or a statement that there are none of those liens, restrictions, or adverse claims.
(h) At periodic intervals no less frequent than annually and at any time upon the reasonable written request of the registered pledgee, the issuer shall send to the registered pledgee of each uncertificated security a dated written statement containing:
  (1) A description of the issue of which the uncertificated security is a part;
  (2) The name and address and any taxpayer identification number of the registered owner;
  (3) The name and address any taxpayer identification number of the registered pledgee;
  (4) The number of shares or units subject to the pledge; and
  (5) A notation of any liens and restrictions of the issuer and any adverse claims (as to which the issuer has a duty under § 28:8-403(d) ) to which the uncertificated security is or may be subject or a statement that there are none of those liens, restrictions, or adverse claims.
(i) If the issuer sends the statements described in subsections (g) and (h) of this section at periodic intervals no less frequent than quarterly, the issuer is not obligated to send additional statements upon request unless the owner or pledgee requesting them pays to the issuer the reasonable cost of furnishing them.
(j) Each statement sent pursuant to this section must bear a conspicuous legend reading substantially as follows: “This statement is merely a record of the rights of the addressee as of the time of its issuance. Delivery of this statement, of itself, confers no rights on the recipient. This statement is neither a negotiable instrument nor a security.”
D.C. Code § 28-2302 — DC Code / Title 28 / Chapter 23 / § 28-2302
§ 28-2302. Assignment of bond or obligation.
Status: in_force

An obligee named in a bond or obligation under seal for the payment of money may assign it in writing and the assignee may maintain an action thereon in his own name.
D.C. Code § 28:2-606 — DC Code / Title 28 / Chapter  / § 28:2-606
§ 28:2-606. What constitutes acceptance of goods.
Status: in_force

(1) Acceptance of goods occurs when the buyer
  (a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; or
  (b) fails to make an effective rejection (subsection (1) of section 28:2-602), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or
  (c) does any act inconsistent with the seller’s ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him.
(2) Acceptance of a part of any commercial unit is acceptance of that entire unit.
D.C. Code § 28:9-318 — DC Code / Title 28 / Chapter  / § 28:9-318
§ 28:9-318. No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.
Status: in_force

(a) A debtor that has sold an account, chattel paper, payment intangible, or promissory note does not retain a legal or equitable interest in the collateral sold.
(b) For purposes of determining the rights of creditors of, and purchasers for value of an account or chattel paper from, a debtor that has sold an account or chattel paper, while the buyer’s security interest is unperfected, the debtor is deemed to have rights and title to the account or chattel paper identical to those the debtor sold.
D.C. Code § 28:2-717 — DC Code / Title 28 / Chapter  / § 28:2-717
§ 28:2-717. Deduction of damages from the price.
Status: in_force

The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.
D.C. Code § 28:3-102 — DC Code / Title 28 / Chapter  / § 28:3-102
§ 28:3-102. Subject matter.
Status: in_force

(a) This article applies to negotiable instruments. It does not apply to money, to payment orders governed by Article 4A, or to securities governed by Article 8.
(b) If there is conflict between this article and Article 4 or 9, Article 4 or 9 governs.
(c) Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this article to the extent of the inconsistency.
D.C. Code § 28:9-516 — DC Code / Title 28 / Chapter  / § 28:9-516
§ 28:9-516. What constitutes filing; effectiveness of filing.
Status: in_force

(a) Except as otherwise provided in subsection (b), communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
(b) Filing does not occur with respect to a record that a filing office refuses to accept because:
  (1) The record is not communicated by a method or medium of communication authorized by the filing office;
  (2) An amount equal to or greater than the applicable filing fee is not tendered;
  (3) The filing office is unable to index the record because:
    (A) In the case of an initial financing statement, the record does not provide a name for the debtor;
    (B) In the case of an amendment or information statement, the record:
      (i) Does not identify the initial financing statement as required by § 28:9-512 or 28:9-518, as applicable; or
      (ii) Identifies an initial financing statement whose effectiveness has lapsed under § 28:9-515 ;
    (C) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s surname; or
    (D) In the case of a record filed or recorded in the filing office described in § 28:9-501(a)(1) , the record does not provide a sufficient description of the real property to which it relates;
  (4) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;
  (5) In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:
    (A) Provide a mailing address for the debtor; or
    (B) Indicate whether the name provided as the name of the debtor is the name of an individual or an organization.
    (C) [Repealed].
  (6) In the case of an assignment reflected in an initial financing statement under § 28:9-514(a) or an amendment filed under § 28:9-514(b) , the record does not provide a name and mailing address for the assignee; or
  (7) In the case of a continuation statement, the record is not filed within the 6-month period prescribed by § 28:9-515(d) .
(c) For purposes of subsection (b):
  (1) A record does not provide information if the filing office is unable to read or decipher the information; and
  (2) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by § 28:9-512 , 28:9-514, or 28:9-518, is an initial financing statement.
(d) A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (b), is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.
D.C. Code § 28:4A-208 — DC Code / Title 28 / Chapter  / § 28:4A-208
§ 28:4A-208. Misdescription of intermediary bank or beneficiary’s bank.
Status: in_force

(a) This subsection applies to a payment order identifying an intermediary bank or the beneficiary’s bank only by an identifying number.
  (1) The receiving bank may rely on the number as the proper identification of the intermediary or beneficiary’s bank and need not determine whether the number identifies a bank.
  (2) The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order.
(b) This subsection applies to a payment order identifying an intermediary bank or the beneficiary’s bank both by name and an identifying number if the name and number identify different persons.
  (1) If the sender is a bank, the receiving bank may rely on the number as the proper identification of the intermediary or beneficiary’s bank if the receiving bank, when it executes the sender’s order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person or whether the number refers to a bank. The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order.
  (2) If the sender is not a bank and the receiving bank proves that the sender, before the payment order was accepted, had notice that the receiving bank might rely on the number as the proper identification of the intermediary or beneficiary’s bank even if it identifies a person different from the bank identified by name, the rights and obligations of the sender and the receiving bank are governed by subsection (b)(1) of this section, as though the sender were a bank. Proof of notice may be made by any admissible evidence. The receiving bank satisfies the burden of proof if it proves that the sender, before the payment order was accepted, signed a record stating the information to which the notice relates.
  (3) Regardless of whether the sender is a bank, the receiving bank may rely on the name as the proper identification of the intermediary or beneficiary’s bank if the receiving bank, at the time it executes the sender’s order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person.
  (4) If the receiving bank knows that the name and number identify different persons, reliance on either the name or the number in executing the sender’s payment order is a breach of the obligation stated in § 28:4A-302(a)(1) .
D.C. Code § 28:2A-302 — DC Code / Title 28 / Chapter  / § 28:2A-302
§ 28:2A-302. Title to and possession of goods.
Status: in_force

Except as otherwise provided in this article, each provision of this article applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent.
D.C. Code § 28-2908 — DC Code / Title 28 / Chapter 29 / § 28-2908
§ 28-2908. Territorial application.
Status: in_force

(a) The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under whose laws the corporation is organized.
(b) This chapter applies to the rights and duties of a person other than the corporation and its transfer agents with regard to acts and omissions in the District of Columbia in connection with the acquisition, disposition, assignment or transfer of a security by or to a fiduciary and of a person who guarantees in the District of Columbia the signature of a fiduciary in connection with such a transaction.
D.C. Code § 28:3-207 — DC Code / Title 28 / Chapter  / § 28:3-207
§ 28:3-207. Reacquisition.
Status: in_force

Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel indorsements made after the reacquirer first became a holder of the instrument. If the cancellation causes the instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the instrument. An indorser whose indorsement is canceled is discharged, and the discharge is effective against any subsequent holder.
D.C. Code § 28:9-320 — DC Code / Title 28 / Chapter  / § 28:9-320
§ 28:9-320. Buyer of goods.
Status: in_force

(a) Except as otherwise provided in subsection (e), a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer’s seller, even if the security interest is perfected and the buyer knows of its existence.
(b) Except as otherwise provided in subsection (e), a buyer of goods from a person who used or bought the goods for use primarily for personal, family, or household purposes takes free of a security interest, even if perfected, if the buyer buys:
  (1) Without knowledge of the security interest;
  (2) For value;
  (3) Primarily for the buyer’s personal, family, or household purposes; and
  (4) Before the filing of a financing statement covering the goods.
(c) To the extent that it affects the priority of a security interest over a buyer of goods under subsection (b), the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by § 28:9-316(a) and (b).
(d) A buyer in ordinary course of business buying oil, gas, or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance.
(e) Subsections (a) and (b) do not affect a security interest in goods in the possession  of the secured party under § 28:9-313 .
D.C. Code § 28:4-216 — DC Code / Title 28 / Chapter  / § 28:4-216
§ 28:4-216. Insolvency and preference.
Status: in_force

(a) If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee, or agent in charge of the closed bank to the presenting bank or the closed bank’s customer.
(b) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank.
(c) If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement’s becoming final if the finality occurs automatically upon the lapse of certain time or the happening of certain events.
(d) If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against the collecting bank.
D.C. Code § 28:2-608 — DC Code / Title 28 / Chapter  / § 28:2-608
§ 28:2-608. Revocation of acceptance in whole or in part.
Status: in_force

(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it
  (a) on the reasonable assumption that its non-conformity would be cured and it has not been seasonably cured; or
  (b) without discovery of such non-conformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller’s assurances.
(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.
(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.
D.C. Code § 28-4004 — DC Code / Title 28 / Chapter 40 / § 28-4004
§ 28-4004. Special provisions.
Status: in_force

(a) No registrant shall fit, offer for sale, or sell a hearing aid to:
  (1) A minor under 18 years of age unless, within the preceding 6 months, the minor has had a hearing test evaluation; and:
    (A) Received a medical clearance by an otolaryngologist, which shall be required for an initial evaluation of hearing loss; or
    (B) Received a medical clearance, which indicates there has not been a substantial change in clinical status.
  (2) A person 18 years of age or older unless, within the preceding 6 months, the person has:
    (A) Received a medical clearance and a hearing test evaluation, which shall be required for an initial evaluation of hearing loss; or
    (B) Signed a waiver form created or approved by the Department of Health stating that the person:
      (i) Has a history of stable hearing loss that does not require medical management; and
      (ii) Has waived having a medical examination and hearing test evaluation.
(b) No registrant shall sell a hearing aid not conforming to the hearing test evaluation required without prior consultation and written approval from the signer of the hearing test evaluation.
(c) Subsections (a) and (b) of this section do not apply to —
  (1) the purchase of an identical hearing aid within two (2) years of the date that the purchaser receives the original aid; and
  (2) the purchase of parts, attachments or accessories of the telephone designed to aid the hearing-impaired.
(d) If a prospective hearing aid user has a bona fide religious belief which precludes him or her from having a medical examination as required in subsection (a) of this section, the prospective hearing aid user may waive the medical examination requirement; provided, that the prospective hearing aid user signs the following statement, printed in ten (10)-point type:
“My religious beliefs require that I waive the medical examination and the hearing aid evaluation required by the ‘Hearing Aid Dealer and Consumers Act of 1977’ for the purchase of a hearing aid. I voluntarily waive the medical examination, notwithstanding the fact that I have been advised by
HEARING AID DISPENSER’S NAME
that my best health interest would be served if I had a medical evaluation by a physician who is an ear specialist.”
No registrant shall seek to induce a prospective hearing aid user to execute such a waiver.
(e) Repealed.
(f) No hearing aid shall be sold to any person unless accompanied by a thirty (30) day money-back written guarantee providing that if the customer returns the hearing aid within thirty (30) days in the same condition as when purchased the customer shall be entitled to the return of the cost of the hearing aid and accessories as itemized on the bill provided pursuant to section 28-4005(a), but in no case shall the hearing aid dealer be permitted to retain a service charge greater than five percent (5%) of the cost of the hearing aid and accessories and the cost of the earmold.
(g) No registrant or agent thereof shall visit the home or shall telephone any potential buyer for the purpose of inducing a sale of a hearing aid without having obtained, prior to the visit, the express written consent of the buyer to that visit. Any consent shall clearly and conspicuously state that the buyer is aware that the seller may attempt to sell a hearing aid during the visit.
D.C. Code § 28:9-110 — DC Code / Title 28 / Chapter  / § 28:9-110
§ 28:9-110. Security interests arising under Article 2 or 2A.
Status: in_force

A security interest arising under § 28:2-401 , 2  -505, 2  -711(3), or 2A-508(5) is subject to this article. However, until the debtor obtains possession of the goods:
(1) The security interest is enforceable, even if § 28:9-203(b)(3) has not been satisfied;
(2) Filing is not required to perfect the security interest;
(3) The rights of the secured party after default by the debtor are governed by Article 2 or 2A; and
(4) The security interest has priority over a conflicting security interest created by the debtor.
D.C. Code § 28:2A-528 — DC Code / Title 28 / Chapter  / § 28:2A-528
§ 28:2A-528. Lessor’s damages for nonacceptance, failure to pay, repudiation, or other default.
Status: in_force

(a) Except as otherwise provided with respect to damages liquidated in the lease agreement ( § 28:2A-504 ) or otherwise determined pursuant to agreement of the parties (§§ 28:1-302 and 28:2A-503 ), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under § 28:2A-527(b) , or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in § 28:2A-523(c)(1) , or, if agreed, for other default of the lessee (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of this subsection of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under § 28:2A-530 , less expenses saved in consequence of the lessee’s default.
(b) If the measure of damages provided in subsection (a) of this section is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under § 28:2A-530 , due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.
D.C. Code § 28-3811 — DC Code / Title 28 / Chapter 38 / § 28-3811
§ 28-3811. Home solicitation sales.
Status: in_force

(a) As used in this section, “home solicitation sale” means a cash sale or a consumer credit sale of goods, other than farm equipment, or services in which the seller or a person acting for him engages in a personal solicitation of the sale at or near a residence of the buyer and the buyer’s agreement or offer to purchase is there given to a seller or a person acting for him. It does not include a sale made pursuant to a preexisting revolving credit account or prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale.
(b) Except as provided in subsection (f) of this section, in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with this section.
(c) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase.
(d) Notice of cancellation, if given by mail, is given when it is deposited in a mail box properly addressed and the postage prepaid.
(e) Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.
(f) The buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency, and
  (1) the seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation, and
  (2) in the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer, and
  (3) the buyer has signed separately the following notice which appears under the conspicuous caption: “WAIVER OF RIGHT TO CANCEL,” and reads as follows: “Because of an emergency I waive any right I may have to cancel this home solicitation sale”.
(g) (1) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer and obtain his signature to a written agreement or offer to purchase which designates as the date of the transaction the date on which the buyer actually signs and contains a statement of the buyer’s rights which complies with paragraph (2) of this subsection.
  (2) The statement must—
    (A) appear under this conspicuous caption: “BUYERS RIGHT TO CANCEL”, and
    (B) read as follows:
    “If this agreement was solicited at or near your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight of the third business day after you signed this agreement. The notice must be mailed to:
    "(insert name and address of seller)
    "If you cancel, the seller may not keep any of your cash down payment.”
  (3) Until the seller has complied with this section the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his intention to cancel.
(h) (1) Except as provided in this section, within ten days after a home solicitation sale has been canceled or an offer to purchase revoked the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. A provision permitting the seller to keep all or any part of any payment, note, or evidence of indebtedness is in violation of this section and unenforceable.
  (2) If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
  (3) The seller is not entitled to retain a cancellation fee.
  (4) Until the seller has complied with the obligations imposed by this section the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods in his possession or control for any recovery to which he is entitled.
(i) (1) Except as provided by the provisions on retention of goods by the buyer (subsection (h)(4) of this section), within a reasonable time after a home solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale but he is not obligated to tender at any place other than his residence. If the seller fails to demand possession of goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purpose of this section, forty days is presumed to be a reasonable time.
  (2) The buyer has a duty to take reasonable care of the goods in his possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller’s risk.
  (3) If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation.
(j) Subsections (b), (c), (d), (e), and (f) of this section shall not apply to a home solicitation sale between a buyer and a public insurance adjuster, as defined in [ § 31-1631.01(c) ]. [Section 31-1631.07] shall apply to all such sales.
D.C. Code § 28-3803 — DC Code / Title 28 / Chapter 38 / § 28-3803
§ 28-3803. Balloon payments.
Status: in_force

With respect to a consumer credit sale or direct installment loans except for revolving credit accounts:
(1) No creditor shall at any time enter into an agreement which contains or anticipates a schedule of payments under which any one payment is not equal or substantially equal to all other payments, excluding any final payment which is less than the average of previous payments or any down payment received by the creditor contemporaneously with or prior to the consummation of the transaction, or under which the intervals between any consecutive payments differ substantially.
(2) Notwithstanding any provision of this section, where a consumer’s livelihood is dependent upon seasonal or intermittent income, the parties may agree in a separate writing that one or more payments or the intervals between one or more payments may be reduced or expanded in accordance with the needs of the consumer if such payments are expressly related to the consumer’s income. The separate writing shall contain a conspicuous notice directly above the signature line stating: “I waive my right to have all payments to be made under this agreement in substantially equal amounts”.
(3) In the event that the provisions of paragraph (2) of this subsection apply, the consumer shall have the right at any time, without further cost or obligation, to revise the schedule of payments to conform both as to amounts and intervals to the average of all installments and intervals.
D.C. Code § 28:2A-310 — DC Code / Title 28 / Chapter  / § 28:2A-310
§ 28:2A-310. Lessor’s and lessee’s rights when goods become accessions.
Status: in_force

(a) Goods are “accessions” when they are installed in or affixed to other goods.
(b) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (d) of this section.
(c) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection (d) of this section, but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole.
(d) The interest of a lessor or a lessee under a lease contract described in subsection (b) or (c) of this section is subordinate to the interest of:
  (1) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or
  (2) A creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.
(e) When under subsections (b) or (c) and (d) of this section, a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may (i) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this article, or (ii) if necessary to enforce his or her other rights and remedies under this article, remove the goods from the whole, free and clear of all interests in the whole, but he or she must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.
D.C. Code § 28:2A-507 — DC Code / Title 28 / Chapter  / § 28:2A-507
§ 28:2A-507. Proof of market rent: time and place.
Status: in_force

(a) Damages based on market rent ( § 28:2A-519 or § 28:2A-528 ) are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the time of the default.
(b) If evidence of rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times or places described in this article is not readily available, the rent prevailing within any reasonable time before or after the time described or at any other place or for a different lease term which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the difference, including the cost of transporting the goods to or from the other place.
(c) Evidence of a relevant rent prevailing at a time or place or for a lease term other than the one described in this article offered by one party is not admissible unless and until he or she has given the other party notice the court finds sufficient to prevent unfair surprise.
(d) If the prevailing rent or value of any goods regularly leased in any established market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of that market are admissible in evidence. The circumstances of the preparation of the report may be shown to affect its weight but not its admissibility.
D.C. Code § 28:2A-205 — DC Code / Title 28 / Chapter  / § 28:2A-205
§ 28:2A-205. Firm offers.
Status: in_force

An offer by a merchant to lease goods to or from another person in a signed record that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed 3 months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.
D.C. Code § 28-4912 — DC Code / Title 28 / Chapter 49 / § 28-4912
§ 28-4912. Admissibility in evidence.
Status: in_force

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
D.C. Code § 28-4801.04 — DC Code / Title 28 / Chapter 48 / § 28-4801.04
§ 28-4801.04. Trustee’s power to adjust.
Status: in_force

(a) A trustee may adjust between principal and income to the extent the trustee considers necessary if the trustee invests and manages trust assets as a prudent investor, the terms of the trust describe the amount that may or must be distributed to a beneficiary by referring to the trust’s income, and the trustee determines, after applying the rules in § 28-4801.03(a) , that the trustee is unable to comply with § 28-4801.03(b) .
(b) In deciding whether and to what extent to exercise the power conferred by subsection (a) of this section, a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant:
  (1) The nature, purpose, and expected duration of the trust;
  (2) The intent of the settlor;
  (3) The identity and circumstances of the beneficiaries;
  (4) The needs for liquidity, regularity of income, and preservation and appreciation of capital;
  (5) The assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, tangible and intangible personal property, or real property; the extent to which an asset is used by a beneficiary; and whether an asset was purchased by the trustee or received from the settlor;
  (6) The net amount allocated to income under the other sections of this chapter and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available;
  (7) Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income or prohibit the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income;
  (8) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation; and
  (9) The anticipated tax consequences of an adjustment.
(c) A trustee may not make an adjustment:
  (1) That diminishes the income interest in a trust that requires all of the income to be paid at least annually to a spouse or domestic partner and for which an estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment;
  (2) That reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion;
  (3) That changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets;
  (4) From any amount that is permanently set aside for charitable purposes under a will or the terms of a trust unless both income and principal are so set aside;
  (5) If possessing or exercising the power to make an adjustment causes an individual to be treated as the owner of all or part of the trust for income tax purposes, and the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment;
  (6) If possessing or exercising the power to make an adjustment causes all or part of the trust assets to be included for estate tax purposes in the estate of an individual who has the power to remove a trustee or appoint a trustee, or both, and the assets would not be included in the estate of the individual if the trustee did not possess the power to make an adjustment;
  (7) If the trustee is a beneficiary of the trust; or
  (8) If the trustee is not a beneficiary, but the adjustment would benefit the trustee directly or indirectly.
(d) If subsection (c)(5), (6), (7), or (8) of this section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is not permitted by the terms of the trust.
(e) A trustee may release the entire power conferred by subsection (a) of this section or may release only the power to adjust from income to principal or the power to adjust from principal to income if the trustee is uncertain about whether possessing or exercising the power will cause a result described in subsection (c)(1) through (6) or (c)(8) of this section or if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (c) of this section. The release may be permanent or for a specified period, including a period measured by the life of an individual.
(f) Terms of a trust that limit the power of a trustee to make an adjustment between principal and income do not affect the application of this section unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power of adjustment conferred by subsection (a) of this section.
D.C. Code § 28:3-406 — DC Code / Title 28 / Chapter  / § 28:3-406
§ 28:3-406. Negligence contributing to forged signature or alteration of instrument.
Status: in_force

(a) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection.
(b) Under subsection (a) of this section, if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.
(c) Under subsection (a) of this section, the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under subsection (b) of this section, the burden of proving failure to exercise ordinary care is on the person precluded.
D.C. Code § 28-4705 — DC Code / Title 28 / Chapter 47 / § 28-4705
§ 28-4705. Loyalty.
Status: repealed

Repealed.
D.C. Code § 28-4007 — DC Code / Title 28 / Chapter 40 / § 28-4007
§ 28-4007. Severability.
Status: in_force

The provisions of this chapter are severable, and if any provision, sentence, clause, section or part is held illegal, invalid, unconstitutional or inapplicable to any person or circumstances, such holding shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this chapter or its application to other persons or circumstances. It is hereby declared to be the legislative intent that this chapter would have been adopted if such illegal, invalid, inapplicable, or unconstitutional provision, sentence, clause, section, or part had not been included herein and if the person or circumstances to which the chapter or any part is inapplicable had been specifically exempted.
D.C. Code § 28:2-205 — DC Code / Title 28 / Chapter  / § 28:2-205
§ 28:2-205. Firm offers.
Status: in_force

An offer by a merchant to buy or sell goods in a signed record which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; but any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.
D.C. Code § 28:2-603 — DC Code / Title 28 / Chapter  / § 28:2-603
§ 28:2-603. Merchant buyer’s duties as to rightfully rejected goods.
Status: in_force

(1) Subject to any security interest in the buyer (subsection (3) of section 28:2-711), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such instructions to make reasonable efforts to sell them for the seller’s account if they are perishable or threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.
(2) When the buyer sells goods under subsection (1), he is entitled to reimbursement from the seller or out of the proceeds for reasonable expenses of caring for and selling them, and if the expenses include no selling commission then to such commission as is usual in the trade or if there is none to a reasonable sum not exceeding ten percent on the gross proceeds.
(3) In complying with this section the buyer is held only to good faith and good faith conduct hereunder is neither acceptance nor conversion nor the basis of an action for damages.
D.C. Code § 28:6-107 — DC Code / Title 28 / Chapter  / § 28:6-107
§ 28:6-107. Liability for noncompliance.
Status: repealed

Repealed.
D.C. Code § 28:9-605 — DC Code / Title 28 / Chapter  / § 28:9-605
§ 28:9-605. Unknown debtor or secondary obligor.
Status: in_force

(a) Except as provided in subsection (b), a secured party does not owe a duty based on its status as a third party.
  (1) To a person that is a debtor or obligor, unless the secured party knows:
    (A) That the person is a debtor or obligor;
    (B) The identity of the person; and
    (C) How to communicate with the person; or
  (2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
    (A) That the person is a debtor; and
    (B) The identity of the person.
(b) A secured party owes a duty based on its status as a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later:
  (1) The person is a debtor or obligor; and
  (2) The secured party knows that the information in subsection (a)(1)(A), (B), or (C) of this section relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.
D.C. Code § 28-3106 — DC Code / Title 28 / Chapter 31 / § 28-3106
§ 28-3106. When transfer is made or obligation is incurred.
Status: in_force

For the purposes of this chapter:
(1) A transfer is made:
  (A) With respect to an asset that is real property other than a fixture, including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
  (B) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee.
(2) If applicable law permits the transfer to be perfected as provided in paragraph (1) of this section and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action.
(3) If applicable law does not permit the transfer to be perfected as provided in paragraph (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee.
(4) A transfer is not made until the debtor has acquired rights in the asset transferred.
(5) An obligation is incurred:
  (A) If oral, when it becomes effective between the parties; or
  (B) If evidenced by a writing, when the writing executed by the obligor is delivered to, or for the benefit of, the obligee.
D.C. Code § 28:3-105 — DC Code / Title 28 / Chapter  / § 28:3-105
§ 28:3-105. Issue of instrument.
Status: in_force

(a) "Issue" means:
  (1) The first delivery of an instrument by the maker or drawer, whether to a holder or non-holder, for the purpose of giving rights on the instrument to any person; or
  (2) If agreed by the payee, the first transmission by the drawer to the payee of an image of an item and information derived from the item that enables the depositary bank to collect the item by transferring or presenting under federal law an electronic check.
(b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.
(c) “Issuer” applies to issued and unissued instruments and means a maker or drawer of an instrument.
D.C. Code § 28-3908 — DC Code / Title 28 / Chapter 39 / § 28-3908
§ 28-3908. Severability.
Status: in_force

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of this chapter, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected.
D.C. Code § 28:12-206 — DC Code / Title 28 / Chapter  / § 28:12-206
§ 28:12-206. Priority.
Status: in_force

(a) Subject to subsections (b) and (c) of this section, the 2024 Act determines the priority of conflicting claims to collateral.
(b) Subject to subsection (c) of this section, if the priorities of claims to collateral were established before April 20, 2024, Article 9 as in effect before April 20, 2024 determines priority.
(c) On the adjustment date, to the extent the priorities determined by Article 9 as amended by the 2024 Act modify the priorities established before April 20, 2024, the priorities of claims to Article 12 property and electronic money established before April 20, 2024 cease to apply.
D.C. Code § 28-2960 — DC Code / Title 28 / Chapter 29A / § 28-2960
§ 28-2960. Recoupment or setoff.
Status: in_force

(a) Except as provided in subsection (b) or (c) of this section, a bank may not exercise a right of recoupment or setoff against a special deposit.
(b) An account agreement may authorize the bank to debit the special deposit:
  (1) When the bank becomes obligated to pay a beneficiary, in an amount that does not exceed the amount necessary to discharge the obligation;
  (2) For a fee assessed by the bank that relates to an overdraft in the special deposit account;
  (3) For costs incurred by the bank that relate directly to the special deposit; or
  (4) To reverse an earlier credit posted by the bank to the balance of the special deposit account, if the reversal occurs under an event or circumstance warranted under other law of the District governing mistake and restitution.
(c) The bank holding a special deposit may exercise a right of recoupment or setoff against an obligation to pay a beneficiary, even if the bank funds payment from the special deposit.
D.C. Code § 28:8-209 — DC Code / Title 28 / Chapter  / § 28:8-209
§ 28:8-209. Issuer’s lien.
Status: in_force

A lien in favor of an issuer upon a certificated security is valid against a purchaser only if the right of the issuer to the lien is noted conspicuously on the security certificate.
D.C. Code § 28:7-505 — DC Code / Title 28 / Chapter  / § 28:7-505
§ 28:7-505. Indorser not guarantor for other parties.
Status: in_force

The indorsement of a tangible document of title issued by a bailee does not make the indorser liable for any default by the bailee or previous indorsers.
D.C. Code § 28:7-403 — DC Code / Title 28 / Chapter  / § 28:7-403
§ 28:7-403. Obligation of bailee to deliver; excuse.
Status: in_force

(a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c) of this section, unless and to the extent that the bailee establishes any of the following:
  (1) Delivery of the goods to a person whose receipt was rightful as against the claimant;
  (2) Damage to or delay, loss, or destruction of the goods for which the bailee is not liable;
  (3) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse’s lawful termination of storage;
  (4) The exercise by a seller of its right to stop delivery pursuant to § 28:2-705 or by a lessor of its right to stop delivery pursuant to § 28:2A-526 ;
  (5) A diversion, reconsignment, or other disposition pursuant to § 28:7-303 ;
  (6) Release, satisfaction, or any other personal defense against the claimant; or
  (7) Any other lawful excuse.
(b) A person claiming goods covered by a document of title shall satisfy the bailee’s lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid.
(c) Unless a person claiming the goods is a person against which the document of title does not confer a right under § 28:7-503(a) :
  (1) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and
  (2) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated.
D.C. Code § 28-3906 — DC Code / Title 28 / Chapter 39 / § 28-3906
§ 28-3906. Consumer education and information.
Status: in_force

(a) The Office of Consumer Protection is established within the Department. The Office of Consumer Protection shall:
  (1) Inform the public and the business community of existing laws, regulations, and guidelines concerning consumer rights and standards of fair treatment;
  (2) Coordinate consumer education programs with, and use consumer education programs to help carry out, the consumer protection programs of the Department, including enforcement options through the Department and the Office of the Attorney General and before the courts;
  (2A) Develop a consumer education program to educate consumers about the appropriateness of video and computer games for certain age groups, which may include information on video and computer game rating systems and the manner in which parental controls can enhance the ability of parents to regulate their children’s access to video and computer games;
  (3) Handle publicity for the Department concerning cases under § 28-3905 when the Director requests;
  (4) Aid the Director in the formulation of consumer protection plans and recommend legislation and regulations related to consumer education;
  (5) Cooperate with consumer-related agencies, groups, and individuals in the District of Columbia metropolitan area to improve consumer education efforts; and
  (6) Perform the functions of the Department under § 28-3903(7) and (8) [ § 28-3903(a)(7) and (8)].
(b) The Chief of the Office of Consumer Protection shall be appointed by the Director.
(c) In fiscal year 2006, the Office of Consumer Protection shall focus on investigation and mediation in the areas of auto repair and home improvement.
D.C. Code § 28:1-105 — DC Code / Title 28 / Chapter  / § 28:1-105
§ 28:1-105. Severability.
Status: in_force

If any provision or clause of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle which can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
D.C. Code § 28:8-511 — DC Code / Title 28 / Chapter  / § 28:8-511
§ 28:8-511. Priority among security interests and entitlement holders.
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c) of this section, if a securities intermediary does not have sufficient interests in a particular financial asset to satisfy both its obligations to entitlement holders who have security entitlements to that financial asset and its obligation to a creditor of the securities intermediary who has a security interest in that financial asset, the claims of entitlement holders, other than the creditor, have priority over the claim of the creditor.
(b) A claim of a creditor of a securities intermediary who has a security interest in a financial asset held by a securities intermediary has priority over claims of the securities intermediary’s entitlement holders who have security entitlements with respect to that financial asset if the creditor has control over the financial asset.
(c) If a clearing corporation does not have sufficient financial assets to satisfy both its obligations to entitlement holders who have security entitlements with respect to a financial asset and its obligation to a creditor of the clearing corporation who has a security interest in that financial asset, the claim of the creditor has priority over the claims of entitlement holders.
D.C. Code § 28:7-506 — DC Code / Title 28 / Chapter  / § 28:7-506
§ 28:7-506. Delivery without indorsement: right to compel indorsement.
Status: in_force

The transferee of a negotiable tangible document of title has a specifically enforceable right to have its transferor supply any necessary indorsement, but the transfer becomes a negotiation only as of the time the indorsement is supplied.
D.C. Code § 28:11-106 — DC Code / Title 28 / Chapter  / § 28:11-106
§ 28:11-106. Required refilings.
Status: in_force

(1) If a security interest is perfected or has priority when this act takes effect (as provided in section 28:11-101) as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under this act, the perfection and priority rights of the security interest continue until three years after such effective date of this act. The perfection will then lapse unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(2) If a security interest is perfected when this act takes effect (as provided in section 28:11-101) under a law other than the Uniform Commercial Code which requires no further filing, refiling or recording to continue its perfection, perfection continues until and will lapse three years after this act takes effect, unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing, or unless under section 28:9-302 (3) the other law continues to govern filing.
(3) If a security interest is perfected by a filing, refiling or recording under a law repealed by this act which required further filing, refiling or recording to continue its perfection, perfection continues and will lapse on the date provided by the law so repealed for such further filing, refiling or recording unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(4) A financing statement may be filed within six months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. It must identify the security agreement, statement or notice (however denominated in any statute or other law repealed or modified by this act), state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement or notice, however denominated, in another filing office under the Uniform Commercial Code effective January 1, 1965, or under any statute or other law repealed or modified by this act is still effective. Section 28:9-401 and section 28:9-103 determine the proper place to file such a financing statement. Except as specified in this subsection, the provisions of section 28:9-403 (3) for continuation statements apply to such a financing statement.
D.C. Code § 28:9-326 — DC Code / Title 28 / Chapter  / § 28:9-326
§ 28:9-326. Priority of security interests created by new debtor.
Status: in_force

(a) Subject to subsection (b) of this section, a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security interest but for the application of § 28:9-316(i)(1) or 28:9-508 is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement.
(b) The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filing financing statements described in subsection (a) of this section. However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor’s having become bound.
D.C. Code § 28-4526 — DC Code / Title 28 / Chapter 45A / § 28-4526
§ 28-4526. Effect of judgment.
Status: in_force

A final judgment or decree determining that a person has violated this chapter in an action brought by the District of Columbia under § 28-4522 or § 28-4524 , other than a consent judgment or decree entered before any testimony at trial has been taken or entered pursuant to a plea of nolo contendere, shall be prima facie evidence against the person in any other action against the person under § 28-4525(b) and (c) as to all matters with respect to which the judgment or decree would be an estoppel between the parties to that judgment or decree.
D.C. Code § 28:9-338 — DC Code / Title 28 / Chapter  / § 28:9-338
§ 28:9-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.
Status: in_force

If a security interest or agricultural lien is perfected by a filed financing statement providing information described in § 28:9-516(b)(5) which is incorrect at the time the financing statement is filed:
(1) The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and
(2) A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of tangible chattel paper, tangible documents, goods, instruments, or a security certificate, receives delivery of the collateral.
D.C. Code § 28:9-707 — DC Code / Title 28 / Chapter  / § 28:9-707
§ 28:9-707. Amendment of pre-effective-date financing statement.
Status: in_force

(a) In this section, “pre-effective-date financing statement” means a financing statement filed before July 1, 2001.
(b) On or after July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Except as otherwise provided in subsection (d), if the law of the District governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after July 1, 2001 only if:
  (1) The pre-effective-date financing statement and an amendment are filed in the office specified in § 28:9-501 ;
  (2) An amendment is filed in the office specified in § 28:9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies § 28:9-706(c) ; or
  (3) An initial financing statement that provides the information as amended and satisfies § 28:9-706(c) is filed in the office specified in § 28:9-501 .
(d) If the law of the District governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under § 28:9-705(d) and (f) or 28:9-706.
(e) Whether or not the law of the District governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in the District may be terminated after July 1, 2001 by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies § 28:9-706(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 as the office in which to file a financing statement.
D.C. Code § 28:3-304 — DC Code / Title 28 / Chapter  / § 28:3-304
§ 28:3-304. Overdue instrument.
Status: in_force

(a) An instrument payable on demand becomes overdue at the earliest of the following times:
  (1) On the day after the day demand for payment is duly made;
  (2) If the instrument is a check, 90 days after its date; or
  (3) If the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.
(b) With respect to an instrument payable at a definite time the following rules apply:
  (1) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.
  (2) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.
  (3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.
(c) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.
D.C. Code § 28-3103 — DC Code / Title 28 / Chapter 31 / § 28-3103
§ 28-3103. Value.
Status: in_force

(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred, or an antecedent debt is secured or satisfied. Value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.
(b) For the purposes of sections 28-3104(a)(2) and 28-3105, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
D.C. Code § 28:7-104 — DC Code / Title 28 / Chapter  / § 28:7-104
§ 28:7-104. Negotiable and nonnegotiable document of title.
Status: in_force

(a) Except as otherwise provided in subsection (c) of this section, 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) of this section 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.
D.C. Code § 28:9-409 — DC Code / Title 28 / Chapter  / § 28:9-409
§ 28:9-409. Restrictions on assignment of letter-of-credit rights ineffective.
Status: in_force

(a) A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary’s assignment of or creation of a security interest in a letter-of-credit right is ineffective to the extent that the term or rule of law, statute, regulation, custom, or practice:
  (1) Would impair the creation, attachment, or perfection of a security interest in the letter-of-credit right; or
  (2) Provides that the assignment or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter-of-credit right.
(b) To the extent that a term in a letter of credit is ineffective under subsection (a) but would be effective under law other than this article or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the letter of credit, the creation, attachment, or perfection of a security interest in the letter-of-credit right:
  (1) Is not enforceable against the applicant, issuer, nominated person, or transferee beneficiary;
  (2) Imposes no duties or obligations on the applicant, issuer, nominated person, or transferee beneficiary; and
  (3) Does not require the applicant, issuer, nominated person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party.
D.C. Code § 28:2-506 — DC Code / Title 28 / Chapter  / § 28:2-506
§ 28:2-506. Rights of financing agency.
Status: in_force

(1) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and any document of title securing it any rights of the shipper in the goods including the right to stop delivery and the shipper’s right to have the draft honored by the buyer.
(2) The right to reimbursement of a financing agency which has in good faith honored or purchased the draft under commitment to or authority from the buyer is not impaired by subsequent discovery of defects with reference to any relevant document which was apparently regular.
D.C. Code § 28:3-402 — DC Code / Title 28 / Chapter  / § 28:3-402
§ 28:3-402. Signature by representative.
Status: in_force

(a) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the “authorized signature of the represented person” and the represented person is liable on the instrument, whether or not identified in the instrument.
(b) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply:
  (1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument.
  (2) Subject to subsection (c) of this section, if (i) the form of the signature does not show unambiguously that the signature is made in a representative capacity or (ii) the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.
(c) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.
D.C. Code § 28-4913 — DC Code / Title 28 / Chapter 49 / § 28-4913
§ 28-4913. Automated transaction.
Status: in_force

In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual’s own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to it.
D.C. Code § 28:3-115 — DC Code / Title 28 / Chapter  / § 28:3-115
§ 28:3-115. Incomplete instrument.
Status: in_force

(a) “Incomplete instrument” means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete, but that the signer intended it to be completed by the addition of words or numbers.
(b) Subject to subsection (c) of this section, if an incomplete instrument is an instrument under section 28:3-104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under section 28:3-104, but, after completion, the requirements of section 28:3-104 are met, the instrument may be enforced according to its terms as augmented by completion.
(c) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under section 28:3-407.
(d) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority.
D.C. Code § 28-4518 — DC Code / Title 28 / Chapter 45 / § 28-4518
§ 28-4518. Relation to other law.
Status: in_force

Nothing contained in this chapter shall be applicable to conduct or activity specifically regulated, permitted, or required by any regulatory body, agency, or commission acting under statutory authority of the District of Columbia or the United States.
D.C. Code § 28-5203 — DC Code / Title 28 / Chapter 52 / § 28-5203
§ 28-5203. Application.
Status: in_force

Except for random and uniform weight packages that clearly state the unit, each person who sells, offers, or displays for sale a consumer commodity at retail shall provide the unit price information in the manner prescribed in this chapter.
D.C. Code § 28:1-306 — DC Code / Title 28 / Chapter  / § 28:1-306
§ 28:1-306. Waiver or renunciation of claim or right after breach.
Status: in_force

A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in a signed record.
D.C. Code § 28:5-103 — DC Code / Title 28 / Chapter  / § 28:5-103
§ 28:5-103. Scope.
Status: in_force

(a) This article applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit.
(b) The statement of a rule in this article does not by itself require, imply, or negate application of the same or a different rule to a situation not provided for, or to a person not specified, in this article.
(c) With the exception of this subsection, subsections (a) and (d) of this section, §§ 28:5-102(a)(9) and (10), 28:5-106(d) , and 28:5-114(d) , and except to the extent prohibited in §§ 28:1-302 and 28:5-117(d) , the effect of this article may be varied by agreement or by a provision stated or incorporated by reference in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this article.
(d) Rights and obligations of an issuer to a beneficiary or a nominated person under a letter of credit are independent of the existence, performance, or nonperformance of a contract or arrangement out of which the letter of credit arises or which underlies it, including contracts or arrangements between the issuer and the applicant and between the applicant and the beneficiary.
D.C. Code § 28:9-502 — DC Code / Title 28 / Chapter  / § 28:9-502
§ 28:9-502. Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.
Status: in_force

(a) Subject to subsection (b), a financing statement is sufficient only if it:
  (1) Provides the name of the debtor;
  (2) Provides the name of the secured party or a representative of the secured party; and
  (3) Indicates the collateral covered by the financing statement.
(b) Except as otherwise provided in § 28:9-501(b) , to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection (a) and also:
  (1) Indicate that it covers this type of collateral;
  (2) Indicate that it is to be filed in the real property records;
  (3) Provide a description of the real property to which the collateral is related; and
  (4) If the debtor does not have an interest of record in the real property, provide the name of a record owner.
(c) A record of a mortgage is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if:
  (1) The record indicates the goods or accounts that it covers;
  (2) The goods are or are to become fixtures related to the real property described in the record or the collateral is related to the real property described in the record and is as-extracted collateral or timber to be cut;
  (3) The record satisfies the requirements for a financing statement in this section, but:
    (A) The record need not indicate that it is to be filed in the real property records; and
    (B) The record sufficiently provides the name of a debtor who is an individual if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom § 28:9-503(a)(4) applies; and
  (4) The record is recorded.
(d) A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.
D.C. Code § 28:2A-109 — DC Code / Title 28 / Chapter  / § 28:2A-109
§ 28:2A-109. Option to accelerate at will.
Status: in_force

(a) A term providing that one party or his or her successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or “when he or she deems himself or herself insecure” or in words of similar import must be construed to mean that he or she has power to do so only if he or she in good faith believes that the prospect of payment or performance is impaired.
(b) With respect to a consumer lease, the burden of establishing good faith under subsection (a) of this section is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.
D.C. Code § 28:4A-303 — DC Code / Title 28 / Chapter  / § 28:4A-303
§ 28:4A-303. Erroneous execution of payment order.
Status: in_force

(a) A receiving bank that (i) executes the payment order of the sender by issuing a payment order in an amount greater than the amount of the sender’s order, or (ii) issues a payment order in execution of the sender’s order and then issues a duplicate order, is entitled to payment of the amount of the sender’s order under § 28:4A-402(c) if that subsection is otherwise satisfied. The bank is entitled to recover from the beneficiary of the erroneous order the excess payment received to the extent allowed by the law governing mistake and restitution.
(b) A receiving bank that executes the payment order of the sender by issuing a payment order in an amount less than the amount of the sender’s order is entitled to payment of the amount of the sender’s order under § 28:4A-402(c) if (i) that subsection is otherwise satisfied and (ii) the bank corrects its mistake by issuing an additional payment order for the benefit of the beneficiary of the sender’s order. If the error is not corrected, the issuer of the erroneous order is entitled to receive or retain payment from the sender of the order it accepted only to the extent of the amount of the erroneous order. This subsection does not apply if the receiving bank executes the sender’s payment order by issuing a payment order in an amount less than the amount of the sender’s order for the purpose of obtaining payment of its charges for services and expenses pursuant to instruction of the sender.
(c) If a receiving bank executes the payment order of the sender by issuing a payment order to a beneficiary different from the beneficiary of the sender’s order and the funds transfer is completed on the basis of that error, the sender of the payment order that was erroneously executed and all previous senders in the funds transfer are not obliged to pay the payment orders they issued. The issuer of the erroneous order is entitled to recover from the beneficiary of the order the payment received to the extent allowed by the law governing mistake and restitution.
D.C. Code § 28-3504 — DC Code / Title 28 / Chapter 35 / § 28-3504
§ 28-3504. New promise or acknowledgment of contract — Action against joint contractors.
Status: in_force

In an action upon a simple contract, an acknowledgement, or promise, by words only is not sufficient evidence of a new or continuing contract whereby to take the case out of the operation of the statute of limitations or to deprive a party of the benefit thereof unless the acknowledgement, or promise, is in writing, signed by the party chargeable thereby. This section does not alter or take away, or lessen the effect of a payment of principal or interest made by any person. In actions against two or more joint contractors, or executors, or administrators, if it appears at the trial, or otherwise, that the plaintiff, though barred by the statute of limitations as to one or more of the defendants, is nevertheless entitled to recover against any other defendant by virtue of a new acknowledgment, or promise, or otherwise, judgment may be given for the plaintiff as to that defendant. An indorsement or memorandum of a payment written or made upon a promissory note, bill of exchange, or other writing, by or on behalf of the party to whom the payment is to be made, is not sufficient proof of the payment so as to take the case out of the operation of the statute of limitations.
D.C. Code § 28:4-207 — DC Code / Title 28 / Chapter  / § 28:4-207
§ 28:4-207. Transfer warranties.
Status: in_force

(a) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that:
  (1) The warrantor is a person entitled to enforce the item;
  (2) All signatures on the item are authentic and authorized;
  (3) The item has not been altered;
  (4) The item is not subject to a defense or claim in recoupment (section 28:3-305(a)) of any party that 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) With respect to any remotely created consumer item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.
(b) If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item (i) according to the terms of the item at the time it was transferred, or (ii) if the transfer was of an incomplete item, according to its terms when completed as stated in sections 28:3-115 and 28:3-407. The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection by an indorsement stating that it is made “without recourse” or otherwise disclaiming liability.
(c) A person to whom the warranties under subsection (a) of this section are made and who took the item 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 item plus expenses and loss of interest incurred as a result of the breach.
(d) 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 warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(e) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
D.C. Code § 28-3107 — DC Code / Title 28 / Chapter 31 / § 28-3107
§ 28-3107. Remedies of creditors.
Status: in_force

(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section 28-3108, may obtain:
  (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim;
  (2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by sections 16-501 through 16-584;
  (3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
    (A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
    (B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
    (C) Any other relief the circumstances may require.
(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
D.C. Code § 28-4804.05 — DC Code / Title 28 / Chapter 48 / § 28-4804.05
§ 28-4804.05. Rental property.
Status: in_force

To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, shall be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee’s contractual obligations have been satisfied with respect to that amount.
D.C. Code § 28:3-601 — DC Code / Title 28 / Chapter  / § 28:3-601
§ 28:3-601. Discharge and effect of discharge.
Status: in_force

(a) The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.
(b) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.
D.C. Code § 28:2A-301 — DC Code / Title 28 / Chapter  / § 28:2A-301
§ 28:2A-301. Enforceability of lease contract.
Status: in_force

Except as otherwise provided in this article, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties.
D.C. Code § 28:9-504 — DC Code / Title 28 / Chapter  / § 28:9-504
§ 28:9-504. Indication of collateral.
Status: in_force

A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:
(1) A description of the collateral pursuant to § 28:9-108 ; or
(2) An indication that the financing statement covers all assets or all personal property.
D.C. Code § 28:2-315 — DC Code / Title 28 / Chapter  / § 28:2-315
§ 28:2-315. Implied warranty: fitness for particular purpose.
Status: in_force

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.
D.C. Code § 28:2A-106 — DC Code / Title 28 / Chapter  / § 28:2A-106
§ 28:2A-106. Limitation on power of parties to consumer lease to choose applicable law and judicial forum.
Status: in_force

(a) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within 30 days thereafter or in which the goods are to be used, the choice is not enforceable.
(b) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.
D.C. Code § 28:7-401 — DC Code / Title 28 / Chapter  / § 28:7-401
§ 28:7-401. Irregularities in issue of receipt or bill or conduct of issuer.
Status: in_force

The obligations imposed by this article on an issuer apply to a document of title even if:
(1) The document does not comply with the requirements of this article or of any other statute, rule, or regulation regarding its issuance, form, or content;
(2) The issuer violated laws regulating the conduct of its business;
(3) The goods covered by the document were owned by the bailee when the document was issued; or
(4) The person issuing the document is not a warehouse but the document purports to be a warehouse receipt.
D.C. Code § 28:2-311 — DC Code / Title 28 / Chapter  / § 28:2-311
§ 28:2-311. Options and cooperation respecting performance.
Status: in_force

(1) An agreement for sale which is otherwise sufficiently definite (subsection (3) of section 28:2-204) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness.
(2) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer’s option and except as otherwise provided in subsections (1) (c) and (3) of section 28:2-319 specifications or arrangements relating to shipment are at the seller’s option.
(3) Where such specification would materially affect the other party’s performance but is not seasonably made or where one party’s cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies:
  (a) is excused for any resulting delay in his own performance; and
  (b) may also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.
D.C. Code § 28:4-501 — DC Code / Title 28 / Chapter  / § 28:4-501
§ 28:4-501. Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor.
Status: in_force

A bank that takes a documentary draft for collection shall present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.
D.C. Code § 28:9-614 — DC Code / Title 28 / Chapter  / § 28:9-614
§ 28:9-614. Contents and form of notification before disposition of collateral: consumer-goods transaction.
Status: in_force

(a) In a consumer-goods transaction, the following rules apply:
  (1) A notification of disposition must provide the following information:
    (A) The information specified in § 28:9-613(a)(1) ;
    (B) A description of any liability for a deficiency of the person to which the notification is sent;
    (C) A telephone number from which the amount that must be paid to the secured party to redeem the collateral under § 28:9-623 is available; and
    (D) A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available.
  (2) A particular phrasing of the notification is not required.
  (3) The following form of notification, when completed in accordance with the instructions in subsection (b) of this section, provides sufficient information:
  (Name and address of secured party)
  (Date)
  NOTICE OF OUR PLAN TO SELL PROPERTY
  (Name and address of any obligor who is also a debtor)
  Subject: (Identify transaction)
  We have your (describe collateral) because you broke promises in our agreement.
  (1) We will sell (describe collateral) at public sale. A sale could include a lease or license. The sale will be held as follows:
  (Date)
  (Time)
  (Place)
  You may attend the sale and bring bidders if you want.
  (2) We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license.
  (3) The money that we get from the sale, after paying our costs, will reduce the amount you owe. If we get less money than you owe, you (will or will not, as applicable) still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else.
  (4) You can get the property back at any time before we sell it by paying us the full amount you owe, not just the past due payments, including our expenses. To learn the exact amount you must pay, call us at (telephone number).
  (5) If you want us to explain to you in (writing) (writing or in (description of electronic record)) (description of electronic record) how we have figured the amount that you owe us,
  (6) call us at (telephone number) (or) (write us at (secured party's address)) (or contact us by (description of electronic communication method)).
  (7) and request (a written explanation) (a written explanation or an explanation in (description of electronic record)) (an explanation in (description of electronic record)).
  (8) We will charge you $ (amount) for the explanation if we have sent you another written explanation of the amount you owe us within the last six months.
  (9) If you need more information about the sale (call us at (telephone number)) (or) (write us at (secured party's address)) (or contact us by (description of electronic communication method)).
  (10) We are sending this notice to the following other people who have an interest in (describe collateral) or who owe money under your agreement:
  (Names of all other debtors and obligors, if any)
  [End of Form]
  (4) A notification in the form of paragraph (3) is sufficient, even if additional information appears at the end of the form.
  (5) A notification in the form of paragraph (3) is sufficient, even if it includes errors in information not required by paragraph (1) of this subsection, unless the error is misleading with respect to rights arising under this article.
  (6) If a notification under this section is not in the form of paragraph (3) of this subsection, law other than this article determines the effect of including information not required by paragraph (1) of this subsection.
(b) The following instructions apply to the form of notification in subsection (a)(3) of this section:
  (1) The instructions in this subsection refer to the numbers in braces before items in the form of notification in subsection (a)(3) of this section. Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions.
  (2) Include and complete either item (1), if the notification relates to a public disposition of the collateral, or item (2), if the notification relates to a private disposition of the collateral.
  (3) Include and complete items (3), (4), (5), (6), and (7).
  (4) In item (5), include and complete any one of the three alternative methods for the explanation, writing, writing or electronic record, or electronic record.
  (5) In item (6), include the telephone number. In addition, the sender may include and complete either or both of the two additional alternative methods of communication, writing or electronic communication, for the recipient of the notification to communicate with the sender. Neither of the two additional methods of communication is required to be included.
  (6) In item (7), include and complete the method or methods for the explanation, writing, writing or electronic record, or electronic record, included in item (5).
  (7) Include and complete item (8) only if a written explanation is included in item (5) as a method for communicating the explanation and the sender will charge the recipient for another written explanation.
  (8) In item (9), include either the telephone number or the address or both the telephone number and the address.  In addition, the sender may include and complete the additional method of communication, electronic communication, for the recipient of the notification to communicate with the sender. The additional method of electronic communication is not required to be included.
  (9) If item (10) does not apply, insert "None" after "agreement:
D.C. Code § 28:3-104 — DC Code / Title 28 / Chapter  / § 28:3-104
§ 28:3-104. Negotiable instrument.
Status: in_force

(a) Except as provided in subsections (c) and (d) of this section, the term “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:
  (1) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder;
  (2) Is payable on demand or at a definite time; and
  (3) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor, (iv) a term that specifies the law that governs the promise or order, or (v) an undertaking to resolve in a specified forum a dispute concerning the promise or order.
(b) “Instrument” means a negotiable instrument.
(c) An order that meets all of the requirements of subsection (a) of this section, except paragraph (1), and otherwise falls within the definition of “check” in subsection (f) of this section is a negotiable instrument and a check.
(d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this article.
(e) An instrument is a “note” if it is a promise and is a “draft” if it is an order. If an instrument falls within the definition of both “note” and “draft”, a person entitled to enforce the instrument may treat it as either.
(f) “Check” means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier’s check or teller’s check. An instrument may be a check even though it is described on its face by another term, such as “money order”.
(g) “Cashier’s check” means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.
(h) “Teller’s check” means a draft drawn by a bank on another bank, or payable at or through a bank.
(i) “Traveler’s check” means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term “traveler’s check” or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.
(j) “Certificate of deposit” means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.
D.C. Code § 28:9-522 — DC Code / Title 28 / Chapter  / § 28:9-522
§ 28:9-522. Maintenance and destruction of records.
Status: in_force

(a) The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under § 28:9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and by using the file number assigned to the initial financing statement to which the record relates.
(b) Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a).
D.C. Code § 28-2954 — DC Code / Title 28 / Chapter 29A / § 28-2954
§ 28-2954. Requirements for special deposit.
Status: in_force

(a) A deposit is a special deposit if it is:
  (1) A deposit of funds in a bank under an account agreement;
  (2) For the benefit of at least 2 beneficiaries, one or more of which may be a depositor;
  (3) Denominated in a medium of exchange that is currently authorized or adopted by a domestic or foreign government;
  (4) For a permissible purpose stated in the account agreement; and
  (5) Subject to a contingency.
D.C. Code § 28:6-112 — DC Code / Title 28 / Chapter  / § 28:6-112
§ 28:6-112. Compliance with section 47-4461.
Status: repealed

Repealed.
D.C. Code § 28-2106 — DC Code / Title 28 / Chapter 21 / § 28-2106
§ 28-2106. Duties of assignee.
Status: in_force

An assignee or trustee, after giving bond, shall collect and take into his possession all the property covered by the assignment, and to that end he may bring suit in his own name to recover debts due or property belonging to the assignor and embraced in the assignment. The court may require the assignor to be examined under oath touching his property, and may make all orders necessary to prevent any fraudulent transfer of or change in the property of the assignor. The assignee or trustee shall return inventories of the assets coming to his hands and, upon the direction of the court, sell and dispose of them; and his conveyance of any property of the assignor, real or personal, transfers the entire title of the assignor therein to the purchaser. When the assets have been converted into money the assignee or trustee shall settle his accounts and make distribution among the creditors, under the direction of the court, according to the usual course of proceeding in creditor’s suits.
D.C. Code § 28:7-601 — DC Code / Title 28 / Chapter  / § 28:7-601
§ 28:7-601. Lost, stolen, or destroyed documents of title.
Status: in_force

(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 of 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 a missing negotiable document of title is liable to any person injured thereby. If the delivery is not in good faith, the bailee is liable for conversion. Delivery in good faith is not conversion if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery which files a notice of claim within one year after the delivery.
D.C. Code § 28:2-510 — DC Code / Title 28 / Chapter  / § 28:2-510
§ 28:2-510. Effect of breach on risk of loss.
Status: in_force

(1) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance.
(2) Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as having rested on the seller from the beginning.
(3) Where the buyer as to conforming goods already identified to the contract for sale repudiates or is otherwise in breach before risk of their loss has passed to him, the seller may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time.
D.C. Code § 28-2701 — DC Code / Title 28 / Chapter 27 / § 28-2701
§ 28-2701. Holidays designated — Time for performing acts extended.
Status: in_force

The following days in each year, namely, New Year’s Day, January 1; Dr. Martin Luther King, Jr.’s Birthday, the third Monday in January; Washington’s Birthday, the third Monday in February; District of Columbia Emancipation Day, April 16; Memorial Day, the last Monday in May; Juneteenth National Independence Day, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Indigenous Peoples' Day, the second Monday in October; Veteran’s Day, November 11; Thanksgiving Day, the fourth Thursday in November; Christmas Day, December 25; every Saturday, after twelve o’clock noon; any day appointed by the President of the United States as a day of public feasting or thanksgiving; and the day of the inauguration of the President, in every fourth year, are holidays in the District for all purposes. When a day set apart as a legal holiday, other than the day of the inauguration of the President, falls on a Saturday, the next preceding day is a holiday. When a day set apart as a legal holiday falls on a Sunday, the next succeeding day is a holiday. In such cases, when a Sunday and a holiday or holidays fall on successive days, all commercial papers falling due on any of those days shall, for all purposes of presenting for payment or acceptance, be deemed to mature and be presentable for payment or acceptance on the next secular business day succeeding. Every Saturday is a holiday in the District for (1) every bank or banking institution having an office or banking house located within the District, (2) every Federal savings and loan association whose main office is in the District, and (3) every building association, building and loan association, or savings and loan association, incorporated or unincorporated, organized and operating under the laws of and having an office located within the District. An act which would otherwise be required, authorized, or permitted to be performed on Saturday in the District at the office or banking house of, or by, any such bank or bank institution, Federal savings and loan association, building association, building and loan association, or savings and loan association, if Saturday were not a holiday, shall or may be so performed on the next succeeding business day, and liability or loss of rights of any kind may not result from such delay.
D.C. Code § 28:9-703 — DC Code / Title 28 / Chapter  / § 28:9-703
§ 28:9-703. Security interest perfected before July 1, 2001.
Status: in_force

(a) A security interest that is enforceable immediately before July 1, 2001 and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this article if, on July 1, 2001, the applicable requirements for enforceability and perfection under this article are satisfied without further action.
(b) Except as otherwise provided in § 28:9-705 , if, immediately before July 1, 2001, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this article are not satisfied on July 1, 2001, the security interest:
  (1) Is a perfected security interest for one year after July 1, 2001;
  (2) Remains enforceable thereafter only if the security interest becomes enforceable under § 28:9-203 before the year expires; and
  (3) Remains perfected thereafter only if the applicable requirements for perfection under this article are satisfied before the year expires.
D.C. Code § 28:9-317 — DC Code / Title 28 / Chapter  / § 28:9-317
§ 28:9-317. Interests that take priority over or take free of unperfected security interest or agricultural lien.
Status: in_force

(a) A security interest or agricultural lien is subordinate to the rights of:
  (1) A person entitled to priority under § 28:9-322 ; and
  (2) Except as otherwise provided in subsection (e), a person that becomes a lien creditor before the earlier of the time:
    (A) The security interest or agricultural lien is perfected; or
    (B) One of the conditions specified in § 28:9-203(b)(3) is met and a financing statement covering the collateral is filed.
(b) Except as otherwise provided in subsection (e), a buyer, other than a secured party, of goods, instruments, tangible documents, or a certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
(c) Except as otherwise provided in subsection (e), a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
(d) Subject to subsections (f) through (i) of this section, a licensee of a general intangible or a buyer, other than a secured party, of collateral other than electronic money, goods, instruments, tangible documents, or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.
(e) Except as otherwise provided in §§ 28:9-320 and 28:9-321 , if a person files a financing statement with respect to a purchase-money security interest before or within 20  days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing.
(f) A buyer, other than a secured party, of chattel paper takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and:
  (1) Receives delivery of each authoritative tangible copy of the record evidencing the chattel paper; and
  (2) If each authoritative electronic copy of the record evidencing the chattel paper can be subjected to control under § 28:9-105 , obtains control of each authoritative electronic copy.
(g) A buyer of an electronic document takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and, if each authoritative electronic copy of the document can be subjected to control under § 28:7-106 , obtains control of each authoritative electronic copy.
(h) A buyer of a controllable electronic record takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and obtains control of the controllable electronic record.
(i) A buyer, other than a secured party, of a controllable account or a controllable payment intangible takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and obtains control of the controllable account or controllable payment intangible.
D.C. Code § 28:2-609 — DC Code / Title 28 / Chapter  / § 28:2-609
§ 28:2-609. Right to adequate assurance of performance.
Status: in_force

(1) A contract for sale imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.
(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.
(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.
(4) After receipt of a justified demand failure to provide within a reasonable time not exceeding thirty days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.
D.C. Code § 28-4032 — DC Code / Title 28 / Chapter 40A / § 28-4032
§ 28-4032. Implied warranty; responsibility for repair; return or replacement; certain actions deemed void.
Status: in_force

(a) Notwithstanding any other provision of law or express warranty furnished by the manufacturer, the manufacturer shall be deemed to have warranted that for a period of one year from date of 1st delivery to the consumer the assistive technology device, when used as intended, will be free from any nonconformity. Any nonconformity shall be repaired, including parts and labor, by the manufacturer or its agent without cost to the consumer.
(b) If, after a reasonable attempt to repair, the nonconformity is not repaired, the assistive device dealer, assistive device lessor, or manufacturer shall, within 30 days after a consumer’s request:
  (1) Refund to the consumer all collateral costs; and
  (2) (A) Accept return of the nonconforming assistive technology device and replace the nonconforming assistive technology device with one of comparable value, function, and usefulness; or
    (B) Refund the full purchase price to the consumer.
(c) A manufacturer or dealer exclusion or limitation of the implied warranties or consumer remedies prescribed by this section shall be void.
(d) A purported waiver of rights to legal action by a consumer within an assistive technology device purchase agreement or assistive technology device lease agreement shall be void.
D.C. Code § 28-5003 — DC Code / Title 28 / Chapter 50 / § 28-5003
§ 28-5003. Civil relief; damages.
Status: in_force

(a) (1) Any person or entity who receives an electronic mail message that violates a provision of this chapter, whose equipment is used in the transmission or receipt of such a message, or whose property or person is otherwise injured by reason of a violation of a provision of this chapter may seek recovery for any damages sustained and the costs of suit. For the purposes of this section, damages shall include the loss of profits.
  (2) In addition to the relief provided in subsection (a) of this section, a person, other than an electronic mail service provider, shall also recover attorneys’ fees and costs, and may recover, in addition to actual damages, liquidated damages of $500 for each commercial electronic mail message transmitted in violation of this chapter or $50,000 per day, whichever is less.
  (3) In addition to the relief provided in subsection (a) of this section, an electronic mail service provider may also recover attorneys’ fees and costs, and may elect, in addition to actual damages, to recover liquidated damages of $100 for each commercial electronic mail message transmitted in violation of this chapter or $500,000 per day, whichever is less.
(b) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved to prevent possible recurrence of the same or similar act by another person and to protect any trade secrets of any party.
(c) Nothing in this chapter shall be construed to:
  (1) Require a provider of Internet access service to block, transmit, route, relay, handle, or store certain types of electronic mail messages;
  (2) Prevent or limit, in any way, a provider of Internet access service from adopting a policy regarding commercial or other electronic mail, including a policy of declining to transmit certain types of electronic mail messages, or from enforcing such policy through technical means, through contract, or pursuant to any remedy available under any other provision of federal or District law; or
  (3) Render lawful any such policy that is unlawful under any other provision of law.
(d) The Attorney General of the District of Columbia may enforce the provisions of this chapter pursuant to authority granted in § 28-3909 .
D.C. Code § 28-4514 — DC Code / Title 28 / Chapter 45 / § 28-4514
§ 28-4514. Remedies cumulative.
Status: in_force

The remedies provided for in this chapter are cumulative.
D.C. Code § 28-4805.05 — DC Code / Title 28 / Chapter 48 / § 28-4805.05
§ 28-4805.05. Income taxes.
Status: in_force

(a) A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income.
(b) A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority.
(c) A tax required to be paid by a trustee on the trust’s share of an entity’s taxable income shall be paid:
  (1) From income to the extent that receipts from the entity are allocated only to income;
  (2) From principal to the extent that receipts from the entity are allocated only to principal;
  (3) Proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and
  (4) From principal to the extent that the tax exceeds the total receipts from the entity.
(d) After applying subsections (a) through (c) of this section, the trustee shall adjust income or principal receipts to the extent that the trust’s taxes are reduced because the trust receives a deduction for payments made to a beneficiary.
D.C. Code § 28:8-403 — DC Code / Title 28 / Chapter  / § 28:8-403
§ 28:8-403. Demand that issuer not register transfer.
Status: in_force

(a) A person who is an appropriate person to make an indorsement or originate an instruction may demand that the issuer not register transfer of a security by communicating to the issuer a notification that identifies the registered owner and the issue of which the security is a part and provides an address for communications directed to the person making the demand. The demand is effective only if it is received by the issuer at a time and in a manner affording the issuer reasonable opportunity to act on it.
(b) If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security after a demand that the issuer not register transfer has become effective, the issuer shall promptly communicate to (i) the person who initiated the demand at the address provided in the demand, and (ii) the person who presented the security for registration of transfer or initiated the instruction requesting registration of transfer a notification stating that:
  (1) The certificated security has been presented for registration of transfer or the instruction for registration of transfer of the uncertificated security has been received;
  (2) A demand that the issuer not register transfer had previously been received; and
  (3) The issuer will withhold registration of transfer for a period of time stated in the notification in order to provide the person who initiated the demand an opportunity to obtain legal process or an indemnity bond.
(c) The period described in subsection (b)(3) of this section may not exceed 30 days after the date of communication of the notification. A shorter period may be specified by the issuer if it is not manifestly unreasonable.
(d) An issuer is not liable to a person who initiated a demand that the issuer not register transfer for any loss the person suffers as a result of registration of a transfer pursuant to an effective indorsement or instruction if the person who initiated the demand does not, within the time stated in the issuer’s communication, either:
  (1) Obtain an appropriate restraining order, injunction, or other process from a court of competent jurisdiction enjoining the issuer from registering the transfer; or
  (2) File with the issuer an indemnity bond, sufficient in the issuer’s judgment to protect the issuer and any transfer agent, registrar, or other agent of the issuer involved from any loss it or they may suffer by refusing to register the transfer.
(e) This section does not relieve an issuer from liability for registering transfer pursuant to an indorsement or instruction that was not effective.
D.C. Code § 28:3-412 — DC Code / Title 28 / Chapter  / § 28:3-412
§ 28:3-412. Obligation of issuer of note or cashier’s check.
Status: in_force

The issuer of a note or cashier’s check or other draft drawn on the drawer is obliged to pay the instrument (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in sections 28:3-115   and 28:3-407  . The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under section 28:3-415  .
D.C. Code § 28-4512 — DC Code / Title 28 / Chapter 45 / § 28-4512
§ 28-4512. Assurance of discontinuance.
Status: in_force

(a) In enforcing this chapter, the Attorney General may accept an assurance of discontinuance of an act or practice considered in violation of this chapter from any person engaged in the act or practice.
(b) The assurance of discontinuance shall be in writing and shall be effective only upon the approval of the Superior Court of the District of Columbia.
(c) The assurance of discontinuance may not be considered for any purpose as an admission of a violation. Proof of failure to comply with the assurance of discontinuance is prima facie evidence of a violation of this chapter.
D.C. Code § 28:2A-102 — DC Code / Title 28 / Chapter  / § 28:2A-102
§ 28:2A-102. Scope.
Status: in_force

(a) This article applies to any transaction, regardless of form, that creates a lease; in the case of a hybrid lease, this article applies to the extent provided in subsection (b) of this section.
(b) In a hybrid lease:
  (1) If the lease-of-goods aspects do not predominate:
    (A) Only the provisions of this article which relate primarily to the lease-of-goods aspects of the transaction apply, and the provisions that relate primarily to the transaction as a whole do not apply;
    (B) Section 28:2A-209 applies if the lease is a finance lease; and
    (C) Section 28:2A-407 applies to the promises of the lessee in a finance lease to the extent the promises are consideration for the right to possession and use of the leased goods; and
  (2) If the lease-of-goods aspects predominate, this article applies to the transaction, but does not preclude application in appropriate circumstances of other law to aspects of the lease which do not relate to the lease of goods.
D.C. Code § 28:7-206 — DC Code / Title 28 / Chapter  / § 28:7-206
§ 28:7-206. Termination of storage at warehouse’s option.
Status: in_force

(a) A warehouse, by giving notice to the person on whose account the goods are held and any other person known to claim an interest in the goods, may require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by the document of title or, if a period is not fixed, within a stated period not less than 30 days after the warehouse gives notice. If the goods are not removed before the date specified in the notice, the warehouse may sell them pursuant to § 28:7-210 .
(b) If a warehouse in good faith believes that goods are about to deteriorate or decline in value to less than the amount of its lien within the time provided in subsection (a) of this section and § 28:7-210 , the warehouse may specify in the notice given under subsection (a) of this section any reasonable shorter time for removal of the goods and, if the goods are not removed, may sell them at public sale held not less than one week after a single advertisement or posting.
(c) If, as a result of a quality or condition of the goods of which the warehouse did not have notice at the time of deposit, the goods are a hazard to other property, the warehouse facilities, or other persons, the warehouse may sell the goods at public or private sale without advertisement or posting on reasonable notification to all persons known to claim an interest in the goods. If the warehouse, after a reasonable effort, is unable to sell the goods, it may dispose of them in any lawful manner and does not incur liability by reason of that disposition.
(d) A warehouse shall deliver the goods to any person entitled to them under this article upon due demand made at any time before sale or other disposition under this section.
(e) A warehouse may satisfy its lien from the proceeds of any sale or disposition under this section but shall hold the balance for delivery on the demand of any person to which the warehouse would have been bound to deliver the goods.
D.C. Code § 28:10-102 — DC Code / Title 28 / Chapter  / § 28:10-102
§ 28:10-102. Specific repealer; provision for transition.
Status: omitted

Omitted.
D.C. Code § 28-3813 — DC Code / Title 28 / Chapter 38 / § 28-3813
§ 28-3813. Consumers’ remedies.
Status: in_force

(a) The remedies provided by this section shall be liberally administered to the end that the consumer as the aggrieved party shall be put in at least as good a position as if the creditor had fully complied with this chapter. Except as is otherwise specifically provided where there are wilful and repeated violations of this chapter consequential and special damages may be had in lieu of the specific penalties allowed, and in addition punitive damages may be had as indicated.
(b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
(c) “Transaction total” means —
  (1) in the case of transactions pursuant to open end credit plans or consumer credit transactions, the total of the following calculated as if the amount or amounts financed were paid over the maximum period of the plan or, if there is no such period, over twelve months beginning with the next billing cycle or cycles following the transaction or transactions:
    (A) the amount financed, plus any down payment or required deposit balance, and
    (B) the total finance charge, including any prepaid finance charge;
  (2) in the case of other than open end transactions or consumer credit transactions, the total of the following:
    (A) the amount financed, plus any down payment or required deposit balance, and
    (B) the amount of all precomputed or precomputable finance charge, including any prepaid finance charge.
(d) (1) In the discretion of the court, a consumer may recover from the person violating this chapter, in addition to the damages the law otherwise allows, 10% of the transaction total, if applicable, or $100, whichever is greater, for violations to which this section applies.
  (2) This section also applies to all violations for which no other remedy is specifically provided.
(e) If a consumer prevails in a suit brought under this chapter, the court may assess reasonable attorney’s fees in addition to any other amounts recoverable under this chapter.
(f) Any charge, practice, term, clause, provision, security interest, or other action or conduct which can be shown to be in wilful violation of the provisions of this chapter shall confer no rights or obligations enforceable by action.
D.C. Code § 28:12-105 — DC Code / Title 28 / Chapter  / § 28:12-105
§ 28:12-105. Control of controllable electronic record.
Status: in_force

(a) A person has control of a controllable electronic record if the electronic record, a record attached to or logically associated with the electronic record, or a system in which the electronic record is recorded:
  (1) Gives the person:
    (A) Power to avail itself of substantially all the benefit from the electronic record; and
    (B) Exclusive power, subject to subsection (b) of this section, to:
      (i) Prevent others from availing themselves of substantially all the benefit from the electronic record; and
      (ii) Transfer control of the electronic record to another person or cause another person to obtain control of another controllable electronic record as a result of the transfer of the electronic record; and
  (2) Enables the person readily to identify itself in any way, including by name, identifying number, cryptographic key, office, or account number, as having the powers specified in paragraph (1) of this subsection.
(b) Subject to subsection (c) of this section, a power is exclusive under subsections (a)(1)(B)(i) and (ii) of this section even if:
  (1) The controllable electronic record, a record attached to or logically associated with the electronic record, or a system in which the electronic record is recorded limits the use of the electronic record or has a protocol programmed to cause a change, including a transfer or loss of control or a modification of benefits afforded by the electronic record; or
  (2) The power is shared with another person.
(c) A power of a person is not shared with another person under subsection (b)(2) of this section and the person's power is not exclusive if:
  (1) The person can exercise the power only if the power also is exercised by the other person; and
  (2) The other person:
    (A) Can exercise the power without exercise of the power by the person; or
    (B) Is the transferor to the person of an interest in the controllable electronic record or a controllable account or controllable payment intangible evidenced by the controllable electronic record.
(d) If a person has the powers specified in subsection (a)(1)(B)(i) and (ii) of this section, the powers are presumed to be exclusive.
(e) A person has control of a controllable electronic record if another person, other than the transferor to the person of an interest in the controllable electronic record or a controllable account or controllable payment intangible evidenced by the controllable electronic record:
  (1) Has control of the electronic record and acknowledges that it has control on behalf of the person; or
  (2) Obtains control of the electronic record after having acknowledged that it will obtain control of the electronic record on behalf of the person.
(f) A person that has control under this section is not required to acknowledge that it has control on behalf of another person.
(g) If a person acknowledges that it has or will obtain control on behalf of another person, unless the person otherwise agrees or law other than this article or Article 9 otherwise provides, the person does not owe any duty to the other person and is not required to confirm the acknowledgment to any other person.
D.C. Code § 28:1-101 — DC Code / Title 28 / Chapter  / § 28:1-101
§ 28:1-101. Short titles.
Status: in_force

(a) This subtitle may be cited as the “Uniform Commercial Code”.
(b) This article may be cited as the “Uniform Commercial Code — General Provisions”.
D.C. Code § 28:2-715 — DC Code / Title 28 / Chapter  / § 28:2-715
§ 28:2-715. Buyer’s incidental and consequential damages.
Status: in_force

(1) Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.
(2) Consequential damages resulting from the seller’s breach include
  (a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting has reason to know and which could not reasonably be prevented by cover or otherwise; and
  (b) injury to person or property proximately resulting from any breach of warranty.
D.C. Code § 28:2A-512 — DC Code / Title 28 / Chapter  / § 28:2A-512
§ 28:2A-512. Lessee’s duties as to rightfully rejected goods.
Status: in_force

(a) Except as otherwise provided with respect to goods that threaten to decline in value speedily ( § 28:2A-511 ) and subject to any security interest of a lessee ( § 28:2A-508(e) ):
  (1) The lessee, after rejection of goods in the lessee’s possession, shall hold them with reasonable care at the lessor’s or the supplier’s disposition for a reasonable time after the lessee’s seasonable notification of rejection;
  (2) If the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessor’s or the supplier’s account or ship them to the lessor or the supplier or dispose of them for the lessor’s or the supplier’s account with reimbursement in the manner provided in § 28:2A-511 ; but
  (3) The lessee has no further obligations with regard to goods rightfully rejected.
(b) Action by the lessee pursuant to subsection (a) of this section is not acceptance or conversion.
D.C. Code § 28:2A-104 — DC Code / Title 28 / Chapter  / § 28:2A-104
§ 28:2A-104. Leases subject to other law.
Status: in_force

(a) A lease, although subject to this article, is also subject to any applicable:
  (1) Certificate of title statute of the District;
  (2) Certificate of title statute of another jurisdiction ( § 28:2A-105 ); or
  (3) Consumer protection statute of the District, or final consumer protection decision of a court of the District existing on the effective date of this article.
(b) In case of conflict between this article, other than §§ 28:2A-105 , 28:2A-304(c) , and 28:2A-305(c) , and a statute or decision referred to in subsection (a) of this section, the statute controls.
(c) Failure to comply with an applicable law has only the effect specified therein.
D.C. Code § 28:2-704 — DC Code / Title 28 / Chapter  / § 28:2-704
§ 28:2-704. Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.
Status: in_force

(1) An aggrieved seller under the preceding section may
  (a) identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control;
  (b) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.
(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.
D.C. Code § 28:4A-304 — DC Code / Title 28 / Chapter  / § 28:4A-304
§ 28:4A-304. Duty of sender to report erroneously executed payment order.
Status: in_force

If the sender of a payment order that is erroneously executed as stated in § 28:4A-303 receives notification from the receiving bank that the order was executed or that the sender’s account was debited with respect to the order, the sender has a duty to exercise ordinary care to determine, on the basis of information available to the sender, that the order was erroneously executed and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days after the notification from the bank was received by the sender. If the sender fails to perform that duty, the bank is not obliged to pay interest on any amount refundable to the sender under § 28:4A-402(d) for the period before the bank learns of the execution error. The bank is not entitled to any recovery from the sender on account of a failure by the sender to perform the duty stated in this section.
D.C. Code § 28:7-508 — DC Code / Title 28 / Chapter  / § 28:7-508
§ 28:7-508. Warranties of collecting bank as to documents of title.
Status: in_force

A collecting bank or other intermediary known to be entrusted with documents of title on behalf of another or with collection of a draft or other claim against delivery of documents warrants by the delivery of the documents only its own good faith and authority even if the collecting bank or other intermediary has purchased or made advances against the claim or draft to be collected.
D.C. Code § 28:9-301 — DC Code / Title 28 / Chapter  / § 28:9-301
§ 28:9-301. Law governing perfection and priority of security interests.
Status: in_force

Except as otherwise provided in §§ 28:9-303 through 28:9-306B , the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:
(1) Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral.
(2) While collateral is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral.
(3) Except as otherwise provided in paragraph (4), while negotiable tangible documents, goods, instruments, or tangible money is located in a jurisdiction, the local law of that jurisdiction governs:
  (A) Perfection of a security interest in the goods by filing a fixture filing;
  (B) Perfection of a security interest in timber to be cut; and
  (C) The effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral.
(4) The local law of the jurisdiction in which the wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.
D.C. Code § 28-4804.08 — DC Code / Title 28 / Chapter 48 / § 28-4804.08
§ 28-4804.08. Insubstantial allocations not required.
Status: in_force

If a trustee determines that an allocation between principal and income required by § 28-4804.09 , § 28-4804.10 , § 28-4804.11 , § 28-4804.12 , or § 28-4804.15 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in § 28-4801.04(c) applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in § 28-4801.04(d) and may be released for the reasons and in the manner described in § 28-4801.04(e) . An allocation is presumed to be insubstantial if:
(1) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 percent; or
(2) The value of the asset producing the receipt for which the allocation would be made is less than 10 percent of the total value of the trust’s assets at the beginning of the accounting period.
D.C. Code § 28:9-210 — DC Code / Title 28 / Chapter  / § 28:9-210
§ 28:9-210. Request for accounting; request regarding list of collateral or statement of account.
Status: in_force

(a) In this section:
  (1) “Request” means a record of a type described in paragraph (2), (3), or (4).
  (2) “Request for an accounting” means a record signed by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request.
  (3) “Request regarding a list of collateral” means a record signed by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request.
  (4) “Request regarding a statement of account” means a record signed by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.
(b) Subject to subsections (c), (d), (e), and (f), a secured party, other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, shall comply with a request within 14 days after receipt:
  (1) In the case of a request for an accounting, by signing and sending to the debtor an accounting; and
  (2) In the case of a request regarding a list of collateral or a request regarding a statement of account, by signing and sending to the debtor an approval or correction.
(c) A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor a signed record including a statement to that effect within 14 days after receipt.
(d) A person that receives a request regarding a list of collateral, claims no interest in the collateral when it receives the request, and claimed an interest in the collateral at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor a signed record:
  (1) Disclaiming any interest in the collateral; and
  (2) If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient’s interest in the collateral.
(e) A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in the obligations when it receives the request, and claimed an interest in the obligations at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor a signed record:
  (1) Disclaiming any interest in the obligations; and
  (2) If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient’s interest in the obligations.
(f) A debtor is entitled without charge to one response to a request under this section during any 6-month period. The secured party may require payment of a charge not exceeding $25 for each additional response.
D.C. Code § 28:2-210 — DC Code / Title 28 / Chapter  / § 28:2-210
§ 28:2-210. Delegation of performance; assignment of rights.
Status: in_force

(1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach.
(2) Except as otherwise provided in section 28:9-406, unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor’s due performance of his entire obligation can be assigned despite agreement otherwise.
(2A) The creation, attachment, perfection, or enforcement of a security interest in the seller’s interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyer’s chance of obtaining return performance within the purview of subsection (2) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller. Even in that event, the creation, attachment, perfection, and enforcement of the security interest remain effective, but (a) the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer; and (b) a court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement.
(3) Unless the circumstances indicate the contrary a prohibition of assignment of “the contract” is to be construed as barring only the delegation to the assignee of the assignor’s performance.
(4) An assignment of “the contract” or of “all my rights under the contract” or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract.
(5) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his rights against the assignor demand assurances from the assignee (section 28:2-609).
D.C. Code § 28-4910 — DC Code / Title 28 / Chapter 49 / § 28-4910
§ 28-4910. Notarization and acknowledgment.
Status: in_force

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
D.C. Code § 28:2A-525 — DC Code / Title 28 / Chapter  / § 28:2A-525
§ 28:2A-525. Lessor’s right to possession of goods.
Status: in_force

(a) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.
(b) After a default by the lessee under the lease contract of the type described in § 28:2A-523(a) or § 28:2A-523(c)(1) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee’s premises ( § 28:2A-527 ).
(c) The lessor may proceed under subsection (b) of this section without judicial process if it can be done without breach of the peace or the lessor may proceed by action.
D.C. Code § 28:1-303 — DC Code / Title 28 / Chapter  / § 28:1-303
§ 28:1-303. Course of performance, course of dealing, and usage of trade.
Status: in_force

(a) A “course of performance” is a sequence of conduct between the parties to a particular transaction that exists if:
  (1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and
  (2) The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.
(b) A “course of dealing” is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.
(c) A “usage of trade” is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage of trade must be proved by facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.
(d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties’ agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.
(e) Except as otherwise provided in subsection (f) of this section, the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:
  (1) Express terms prevail over course of performance, course of dealing, and usage of trade;
  (2) Course of performance prevails over course of dealing and usage of trade; and
  (3) Course of dealing prevails over usage of trade.
(f) Subject to § 28:2-209 , a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
(g) Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.
D.C. Code § [28-3852.01] — DC Code / Title 28 / Chapter 38 / § [28-3852.01]
§ [28-3852.01]. Security requirements.
Status: in_force

(a) To protect personal information from unauthorized access, use, modification, disclosure, or a reasonably anticipated hazard or threat, a person or entity that owns, licenses, maintains, handles, or otherwise possesses personal information of an individual residing in the District shall implement and maintain reasonable security safeguards, including procedures and practices that are appropriate to the nature of the personal information and the nature and size of the entity or operation.
(b) A person or entity that uses a nonaffiliated third party as a service provider to perform services for a person or entity and discloses personal information about an individual residing in the District under a written agreement with the third party shall require by the agreement that the third party implement and maintain reasonable security procedures and practices that:
  (1) Are appropriate to the nature of the personal information disclosed to the nonaffiliated third party; and
  (2) Are reasonably designed to protect the personal information from unauthorized access, use, modification, and disclosure.
(c) When a person or entity is destroying records, including computerized or electronic records and devices containing computerized or electronic records, that contain personal information of a consumer, employee, or former employee of the person or entity, the person or entity shall take reasonable steps to protect against unauthorized access to or use of the personal information, taking into account:
  (1) The sensitivity of the records;
  (2) The nature and size of the business and its operations;
  (3) The costs and benefits of different destruction and sanitation methods; and
  (4) Available technology.
(d) A person or entity who is subject to and in compliance with requirements for security procedures and practices contained in Title V of the Gramm-Leach-Bliley Act, approved November 12, 1999 (113 Stat. 1436; 15 U.S.C. § 6801 et seq .), or the Health Insurance Portability Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936), or the Health Information Technology for Economic and Clinical Health Act, approved February 17, 2009 (Pub. L. No.111-5; 123 Stat. 226), and any rules, regulations, guidance and guidelines thereto, shall be deemed to be in compliance with this section.".
D.C. Code § 28:2-709 — DC Code / Title 28 / Chapter  / § 28:2-709
§ 28:2-709. Action for the price.
Status: in_force

(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price
  (a) of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and
  (b) of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.
(2) Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes possible he may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles him to any goods not resold.
(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (section 28:2-610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for non-acceptance under the preceding section.
D.C. Code § 28:1-302 — DC Code / Title 28 / Chapter  / § 28:1-302
§ 28:1-302. Variation by agreement.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section or elsewhere in this subtitle, the effect of provisions of this subtitle may be varied by agreement.
(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this subtitle may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this subtitle requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
(c) The presence in certain provisions of this subtitle of the phrase “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
D.C. Code § 28:9-302 — DC Code / Title 28 / Chapter  / § 28:9-302
§ 28:9-302. Law governing perfection and priority of agricultural liens.
Status: in_force

While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products.
D.C. Code § 28-3101 — DC Code / Title 28 / Chapter 31 / § 28-3101
§ 28-3101. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Affiliate” means:
  (A) A person who directly or indirectly owns, controls, or holds with power to vote 20% or more of the outstanding voting securities of the debtor, other than a person who holds the securities:
    (i) As a fiduciary or agent without sole discretionary power to vote the securities; or
    (ii) Solely to secure a debt, if the person has not exercised the power to vote;
  (B) A corporation having 20% or more of its outstanding voting securities that are directly or indirectly owned, controlled, or held with power to vote by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote 20% or more of the outstanding voting securities of the debtor, other than a person who holds the securities:
    (i) As a fiduciary or agent without sole power to vote the securities; or
    (ii) Solely to secure a debt, if the person has not in fact exercised the power to vote;
  (C) A person whose business is operated by the debtor under a lease or other agreement, or a person whose assets are substantially all controlled by the debtor; or
  (D) A person who operates the debtor’s business under a lease or other agreement or controls substantially all of the debtor’s assets.
(2) “Asset” means property of a debtor, but does not include:
  (A) Property to the extent it is encumbered by a valid lien;
  (B) Property to the extent it is generally exempt under nonbankruptcy law; or
  (C) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.
(3) “Claim” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.
(4) “Creditor” means a person who has a claim.
(5) “Debt” means liability on a claim.
(6) “Debtor” means a person who is liable on a claim.
(7) “Insider” includes:
  (A) If the debtor is an individual:
    (i) A relative of the debtor or of a general partner of the debtor;
    (ii) A partnership in which the debtor is a general partner;
    (iii) A general partner in a partnership described in sub-subparagraph (ii) of this subparagraph;
    (iv) A corporation of which the debtor is a director, officer, or person in control;
    (v) An unincorporated business organization in which the debtor has capital participation as a member or partner with limitation of liability for that participation, if that capital participation includes the right to conduct the business of the organization; or
    (vi) A member or partner in an unincorporated business organization described in sub-subparagraph (v) of this subparagraph who has the right to conduct the business of the organization or who controls the organization;
  (B) If the debtor is a corporation:
    (i) A director of the debtor;
    (ii) An officer of the debtor;
    (iii) A person in control of the debtor;
    (iv) A partnership in which the debtor is a general partner;
    (v) A general partner in a partnership described in sub-subparagraph (iv) of this subparagraph; or
    (vi) A relative of a general partner, director, officer, or person in control of the debtor;
  (C) If the debtor is a partnership:
    (i) A general partner in the debtor;
    (ii) A relative of a general partner in, or a general partner of, the partnership, or a person in control of the debtor;
    (iii) Another partnership in which the debtor is a general partner;
    (iv) A general partner in a partnership described in sub-subparagraph (iii) of this subparagraph; or
    (v) A person in control of the debtor;
  (D) If the debtor is an unincorporated business organization in which members or partners receive limitation of liability for their capital participation in the organization:
    (i) A member or partner of the organization who has the right to conduct the business of the organization;
    (ii) A person who controls the organization; or
    (iii) A relative of a person described in sub-subparagraph (i) or (ii) of this subparagraph;
  (E) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
  (F) A managing agent of the debtor.
(8) “Lien” means a charge against, or an interest in, property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.
(9) “Person” means an individual, partnership, corporation, association, organization, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity.
(10) “Property” means anything that may be the subject of ownership.
(11) “Relative” means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.
(12) “Transfer” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of, or parting with, an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance.
(13) “Valid lien” means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
D.C. Code § 28-5401 — DC Code / Title 28 / Chapter 54 / § 28-5401
§ 28-5401. Definitions.
Status: in_force

(a) For purposes of this chapter :
  (1) "Retailer" means a person holding a basic business license who is engaged in retail sales.
  (2) "Retail sales" means the sale of any tangible personal property or service to an ultimate consumer.
D.C. Code § 28-4554 — DC Code / Title 28 / Chapter 45B / § 28-4554
§ 28-4554. Burden of proof; determination of excessive pricing.
Status: in_force

(a) A prima facie case of excessive pricing shall be established where the wholesale price of a patented prescription drug in the District is over 30% higher than the comparable price in any high income country in which the product is protected by patents or other exclusive marketing rights.
(b) Where a prima facie case of excessive pricing is shown, the burdens of providing evidence and of proving by a preponderance of the evidence shall shift to the defendant to show that a given prescription drug is not excessively priced given demonstrated costs of invention, development and production of the prescription drug, global sales and profits to date, consideration of any government funded research that supported the development of the drug, and the impact of price on access to the prescription drug by residents and the government of the District of Columbia.
D.C. Code § 28:8-204 — DC Code / Title 28 / Chapter  / § 28:8-204
§ 28:8-204. Effect of issuer’s restriction on transfer.
Status: in_force

A restriction on transfer of a security imposed by the issuer, even if otherwise lawful, is ineffective against a person without knowledge of the restriction unless:
(1) The security is certificated and the restriction is noted conspicuously on the security certificate; or
(2) The security is uncertificated and the registered owner has been notified of the restriction.
D.C. Code § 28:9-808 — DC Code / Title 28 / Chapter  / § 28:9-808
§ 28:9-808. Person entitled to file initial financing statement or continuation statement.
Status: in_force

A person may file an initial financing statement or a continuation statement under this part if:
(a) The secured party of record authorizes the filing; and “(b) The filing is necessary under this part:
  (1) To continue the effectiveness of a financing statement filed before the applicability date; or
  (2) To perfect or continue the perfection of a security interest.
D.C. Code § 28:3-420 — DC Code / Title 28 / Chapter  / § 28:3-420
§ 28:3-420. Conversion of instrument.
Status: in_force

(a) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by (i) the issuer or acceptor of the instrument or (ii) a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a co-payee.
(b) In an action under subsection (a) of this section, the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff’s interest in the instrument.
(c) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.
D.C. Code § 28:9-809 — DC Code / Title 28 / Chapter  / § 28:9-809
§ 28:9-809. Priority.
Status: in_force

Article 9 as amended by the 2012 Act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before the applicability date, Article 9 as it existed before the applicability date determines priority.
D.C. Code § 28-3810 — DC Code / Title 28 / Chapter 38 / § 28-3810
§ 28-3810. Referral sales.
Status: in_force

With respect to a consumer credit sale, the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the buyer or lessee as an inducement for a sale or lease in consideration of his giving to the seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount, or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease. If a buyer or lessee is induced by a violation of this section to enter into a consumer credit sale, the agreement is unenforceable by the seller or lessor and the buyer or lessee, at his option, may rescind the agreement or retain the goods delivered and the benefit of any services performed, without any obligation to pay for them.
D.C. Code § 28-2108 — DC Code / Title 28 / Chapter 21 / § 28-2108
§ 28-2108. Proceedings for benefit of all creditors.
Status: in_force

A proceeding instituted under this chapter by one or more creditors is deemed to be for the equal benefit of all creditors, but the court may make such allowance to the creditor or creditors instituting the same, out of the fund to be distributed, or expenses, including counsel fees, as may be just and equitable.
D.C. Code § 28:2A-209 — DC Code / Title 28 / Chapter  / § 28:2A-209
§ 28:2A-209. Lessee under finance lease as beneficiary of supply contract.
Status: in_force

(a) The benefit of a supplier’s promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee’s leasehold interest under a finance lease related to the supply contract, but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising therefrom.
(b) The extension of the benefit of a supplier’s promises and of warranties to the lessee ( § 28:2A-209(a) ) does not:
  (1) Modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise; or
  (2) Impose any duty or liability under the supply contract on the lessee.
(c) Any modification or rescission of the supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in addition to the obligations of the lessor to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission.
(d) In addition to the extension of the benefit of the supplier’s promises and of warranties to the lessee under subsection (a) of this section, the lessee retains all rights that the lessee may have against the supplier which arise from an agreement between the lessee and the supplier or under other law.
D.C. Code § 28:9-316 — DC Code / Title 28 / Chapter  / § 28:9-316
§ 28:9-316. Effect of change in governing law.
Status: in_force

(a) A security interest perfected pursuant to the law of the jurisdiction designated in § 28:9-301(1) , § 28:9-305(c) , § 28:9-306A(d) , or § 28:9-306B(b) remains perfected until the earliest of:
  (1) The time perfection would have ceased under the law of that jurisdiction;
  (2) The expiration of 4 months after a change of the debtor’s location to another jurisdiction; or
  (3) The expiration of one year after a transfer of collateral to a person that thereby becomes a debtor and is located in another jurisdiction; or
(b) If a security interest described in subsection (a) becomes perfected under the law of the other jurisdiction before the earliest time or event described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earliest time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
(c) A possessory security interest in collateral, other than goods covered by a certificate of title and as-extracted collateral consisting of goods, remains continuously perfected if:
  (1) The collateral is located in one jurisdiction and subject to a security interest perfected under the law of that jurisdiction;
  (2) Thereafter the collateral is brought into another jurisdiction; and
  (3) Upon entry into the other jurisdiction, the security interest is perfected under the law of the other jurisdiction.
(d) Except as otherwise provided in subsection (e), a security interest in goods covered by a certificate of title which is perfected by any method under the law of another jurisdiction when the goods become covered by a certificate of title from the District remains perfected until the security interest would have become unperfected under the law of the other jurisdiction had the goods not become so covered.
(e) A security interest described in subsection (d) becomes unperfected as against a purchaser of the goods for value and is deemed never to have been perfected as against a purchaser of the goods for value if the applicable requirements for perfection under § 28:9-311(b) or 28:9-313 are not satisfied before the earlier of:
  (1) The time the security interest would have become unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from the District; or
  (2) The expiration of 4 months after the goods had become so covered.
(f) A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, letter-of-credit rights, or investment property which is perfected under the law of the chattel paper's jurisdiction, the controllable electronic record's jurisdiction, the bank’s jurisdiction, the issuer’s jurisdiction, a nominated person’s jurisdiction, the securities intermediary’s jurisdiction, or the commodity intermediary’s jurisdiction, as applicable, remains perfected until the earlier of:
  (1) The time the security interest would have become unperfected under the law of that jurisdiction; or
  (2) The expiration of 4 months after a change of the applicable jurisdiction to another jurisdiction.
(g) If a security interest described in subsection (f) becomes perfected under the law of the other jurisdiction before the earlier of the time or the end of the period described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
(h) The following rules apply to collateral to which a security interest attaches within 4 months after the debtor changes its location to another jurisdiction:
  (1) A financing statement filed before the change pursuant to the law of the jurisdiction designated in § 28:9-301(1) or § 28:9-305(c) is effective to perfect a security interest in the collateral if the financing statement would have been effective to perfect a security interest in the collateral had the debtor not changed its location.
  (2) If a security interest perfected by a financing statement that is effective under paragraph (1) of this subsection becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in § 28:9-301(1) or § 28:9-305(c) or the expiration of the 4-month period, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
(i) If a financing statement naming an original debtor is filed pursuant to the law of the jurisdiction designated in § 28:9-301(1) or § 28:9-305(c) and the new debtor is located in another jurisdiction, the following rules apply:
  (1) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within 4 months after, the new debtor becomes bound under § 28:9-203(d) , if the financing statement would have been effective to perfect a security interest in the collateral had the collateral been acquired by the original debtor.
  (2) A security interest perfected by the financing statement and which becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in § 28:9-301(1) or § 28:9-305(c) or the expiration of the 4-month period remains perfected thereafter. A security interest that is perfected by the financing statement but which does not become perfected under the law of the other jurisdiction before the earlier time or event becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
D.C. Code § 28:3-504 — DC Code / Title 28 / Chapter  / § 28:3-504
§ 28:3-504. Excused presentment and notice of dishonor.
Status: in_force

(a) Presentment for payment or acceptance of an instrument is excused if (i) the person entitled to present the instrument cannot with reasonable diligence make presentment, (ii) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings, (iii) by the terms of the instrument presentment is not necessary to enforce the obligation of indorsers or the drawer, (iv) the drawer or indorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted, or (v) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.
(b) Notice of dishonor is excused if (i) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or (ii) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.
(c) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.
D.C. Code § 28-3864 — DC Code / Title 28 / Chapter 38 / § 28-3864
§ 28-3864. Enforcement.
Status: in_force

(a) A credit reporting agency that discovers a security breach of credit information in violation of a security freeze shall provide written notice to the affected consumer of the security breach of credit information in accordance with Subchapter II [of this chapter].
(b) If a credit reporting agency willfully violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer may bring a civil action against the credit reporting agency for the following:
  (1) Injunctive relief to prevent or restrain further violation of the security freeze;
  (2) Actual damages;
  (3) Punitive damages; and
  (4) Reasonable attorney’s fees and costs of the action.
(c) If a credit reporting agency negligently violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer may bring a civil action against the credit reporting agency for the following:
  (1) Injunctive relief to prevent or restrain further violation of the security freeze;
  (2) Actual damages; and
  (3) Reasonable attorney’s fees and costs of the action.
(d) (1) The Attorney General may petition the Superior Court of the District of Columbia for temporary or permanent injunctive relief against, and for an award of restitution for property lost or damages suffered by a consumer as a consequence of, a violation of this subchapter by a credit reporting agency, or fraudulent or deceptive conduct that causes the improper release or use of credit information that is subject to a security freeze. Notwithstanding any other provision of this section, only the Attorney General shall enforce the requirements under § 28-3862(e)(2) .
  (2) In an action under this section, the Attorney General may recover:
    (A) A civil penalty not to exceed $1,000 for each violation; and
    (B) Reasonable attorney’s fees and costs of the action.
D.C. Code § 28:3-408 — DC Code / Title 28 / Chapter  / § 28:3-408
§ 28:3-408. Drawee not liable on unaccepted draft.
Status: in_force

A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it.
D.C. Code § 28:2-320 — DC Code / Title 28 / Chapter  / § 28:2-320
§ 28:2-320. C.I.F. and C. & F. terms.
Status: in_force

(1) The term C.I.F. means that the price includes in a lump sum the cost of the goods and the insurance and freight to the named destination. The term C. & F. or C.F. means that the price so includes cost and freight to the named destination.
(2) Unless otherwise agreed and even though used only in connection with the stated price and destination, the term C.I.F. destination or its equivalent requires the seller at his own expense and risk to
  (a) put the goods into the possession of a carrier at the port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and
  (b) load the goods and obtain a receipt from the carrier (which may be contained in the bill of lading) showing that the freight has been paid or provided for; and
  (c) obtain a policy or certificate of insurance, including any war risk insurance, of a kind and on terms then current at the port of shipment in the usual amount, in the currency of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and
  (d) prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract; and
  (e) forward and tender with commercial promptness all the documents in due form and with any indorsement necessary to perfect the buyer’s rights.
(3) Unless otherwise agreed the term C. & F. or its equivalent has the same effect and imposes upon the seller the same obligations and risks as a C.I.F. term except the obligation as to insurance.
(4) Under the term C.I.F. or C. & F. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.
D.C. Code § 28:9-107B — DC Code / Title 28 / Chapter  / § 28:9-107B
§ 28:9-107B. No requirement to acknowledge or confirm; no duties.
Status: in_force

(a) A person that has control under § 28:9-104 , § 28:9-105 , or § 28:9-105A is not required to acknowledge that it has control on behalf of another person.
(b) If a person acknowledges that it has or will obtain control on behalf of another person, unless the person otherwise agrees or law other than this article otherwise provides, the person does not owe any duty to the other person and is not required to confirm the acknowledgment to any other person.
D.C. Code § 28:1-103 — DC Code / Title 28 / Chapter  / § 28:1-103
§ 28:1-103. Construction of subtitle to promote its purposes and policies; applicability of supplemental principles of law.
Status: in_force

(a) This subtitle must be liberally construed and applied to promote its underlying purposes and policies, which are:
  (1) To simplify, clarify, and modernize the law governing commercial transactions;
  (2) To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and
  (3) To make uniform the law among the various jurisdictions.
(b) Unless displaced by the particular provisions of this subtitle, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause, supplement its provisions.