D.C. Code § 28:9-205 — DC Code / Title 28 / Chapter  / § 28:9-205
§ 28:9-205. Use or disposition of collateral permissible.
Status: in_force

(a) A security interest is not invalid or fraudulent against creditors solely because:
  (1) The debtor has the right or ability to:
    (A) Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;
    (B) Collect, compromise, enforce, or otherwise deal with collateral;
    (C) Accept the return of collateral or make repossessions; or
    (D) Use, commingle, or dispose of proceeds; or
  (2) The secured party fails to require the debtor to account for proceeds or replace collateral.
(b) This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.
D.C. Code § 28:1-301 — DC Code / Title 28 / Chapter  / § 28:1-301
§ 28:1-301. Territorial applicability; parties’ power to choose applicable law.
Status: in_force

(a) Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.
(b) In the absence of an agreement effective under subsection (a) of this section, and except as provided in subsection (c) of this section, this subtitle applies to transactions bearing an appropriate relation to the District of Columbia.
(c) If one of the following provisions of this subtitle specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:
  (1) Section 28:2-402;
  (2) Sections 28:2A-105 and 28:2A-106;
  (3) Section 28:4-102;
  (4) Section 28:4A-507;
  (5) Section 28:5-116;
  (6) Section 28:8-110;
  (7) Sections 28:9-301 through 9-307;
  (8) Section 28:12-107.
D.C. Code § 28:2-204 — DC Code / Title 28 / Chapter  / § 28:2-204
§ 28:2-204. Formation in general.
Status: in_force

(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.
(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.
(3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
D.C. Code § 28:3-201 — DC Code / Title 28 / Chapter  / § 28:3-201
§ 28:3-201. Negotiation.
Status: in_force

(a) “Negotiation” means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.
(b) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.
D.C. Code § 28:9-331 — DC Code / Title 28 / Chapter  / § 28:9-331
§ 28:9-331. Priority of rights of purchasers of controllable accounts, controllable electronic records, controllable payment intangibles, documents, instruments, and securities under other articles; priority of interests in financial assets and security entitlements and protection against assertion of claim under Articles 8 and 12.
Status: in_force

(a) This article does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated, a protected purchaser of a security, or a qualifying purchaser of a controllable account, controllable electronic record, or controllable payment intangible.  These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in Articles 3 , 7 , 8 , and 12 .
(b) This article does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under Article 8 or 12 .
(c) Filing under this article does not constitute notice of a claim or defense to the holders, or purchasers, or persons described in subsections (a) and (b).
D.C. Code § 28:9-507 — DC Code / Title 28 / Chapter  / § 28:9-507
§ 28:9-507. Effect of certain events on effectiveness of financing statement.
Status: in_force

(a) A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition.
(b) Except as otherwise provided in subsection (c) of this section and § 28:9-508 , a financing statement is not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under § 28:9-506 .
(c) If the name that a filed financing statement provides for a debtor becomes insufficient as the name of the debtor under § 28:9-503(a) so that the financing statement becomes seriously misleading under § 28:9-506 :
  (1) The financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or within 4 months after, the filed financing statement becomes seriously misleading; and
  (2) The financing statement is not effective to perfect a security interest in collateral acquired by the debtor more than 4 months after the filed financing statement becomes seriously misleading, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within 4 months after the financing statement became seriously misleading.
D.C. Code § 28-4608 — DC Code / Title 28 / Chapter 46 / § 28-4608
§ 28-4608. Rulemaking.
Status: in_force

(a) The Mayor shall issue proposed rules, pursuant to subchapter I of Chapter 5 of Title 2 , to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2 .
(b) The proposed rules shall include, but not be limited to the following:
  (1) Registration requirements;
  (2) Sample disclosure provisions;
  (3) Contract and notice of cancellation forms; and
  (4) A schedule of civil fines.
(c) The Mayor may issue emergency rules without prior Council approval, which shall be effective for not more than 90 days and are consistent with subchapter I of Chapter 5 of Title 2 .
D.C. Code § 28:4-504 — DC Code / Title 28 / Chapter  / § 28:4-504
§ 28:4-504. Privilege of presenting bank to deal with goods; security interest for expenses.
Status: in_force

(a) A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner.
(b) For its reasonable expenses incurred by action under subsection (a) of this section, the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid seller’s lien.
D.C. Code § 28-4005 — DC Code / Title 28 / Chapter 40 / § 28-4005
§ 28-4005. Minimal procedures.
Status: in_force

(a) Each hearing aid sale shall be accompanied by a receipt that includes:
  (1) the name, address, and signature of the purchaser;
  (2) the date of consummation of the sale;
  (3) the name and address of the regular place of business, the number of the certificate of registration, and the signature of the registrant;
  (4) the make, model, serial number, and purchase price of the hearing aid;
  (5) a statement as to whether the hearing aid is “new” or “used”;
  (6) the complete terms of the sale, including:
    (A) an itemization of the total purchase price, including but not limited to the cost of the hearing aid, the earmold, any batteries or other accessories, and any service costs; and
    (B) a clear and precise statement of the terms of the trial period and the terms of any guarantee or warranty, including disclosures made pursuant to section 28-4006(a)(3)(H);
  (7) the title and address of the Office, with a statement that complaints which arise with respect to the transaction may be submitted to the Office;
  (8) the original of the written recommendation;
  (9) the following statements in ten (10)-point type or larger:
    (A) “This hearing aid will not restore normal hearing nor will it prevent further hearing loss”;
    (B) “No hearing aid may be sold to you without a prior medical examination”; and
    (C) “A return visit to a physician who is an ear specialist or audiologist after the purchase of this aid will help you in best adapting to it”; and
  (10) if the hearing aid sold has a telephone option, a statement that the telephone option will not work on all telephones and a statement indicating the types of telephones upon which it will work.
(b) Each registrant shall keep records for every customer to whom he or she renders services or sells a hearing aid, including:
  (1) a copy of the receipt as specified in subsection (a) of this section;
  (2) a record of services provided;
  (3) any correspondence to or from the customer; and
  (4) any waiver forms, as provided under section 28-4004(d). Such records shall be preserved for seven (7) years after the date of the transaction.
(c) Each registrant shall post conspicuously in large print at his or her place(s) of business and make available for inspection at any sale a retail price list showing all hearing aid models for sale.
D.C. Code § 28:9-108 — DC Code / Title 28 / Chapter  / § 28:9-108
§ 28:9-108. Sufficiency of description.
Status: in_force

(a) Except as otherwise provided in subsections (c), (d), and (e), a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described.
(b) Except as otherwise provided in subsection (d), a description of collateral reasonably identifies the collateral if it identifies the collateral by:
  (1) Specific listing;
  (2) Category;
  (3) Except as otherwise provided in subsection (e), a type of collateral defined in Subtitle I of Title 28 ;
  (4) Quantity;
  (5) Computational or allocational formula or procedure; or
  (6) Except as otherwise provided in subsection (c), any other method, if the identity of the collateral is objectively determinable.
(c) A description of collateral as “all the debtor’s assets” or “all the debtor’s personal property” or using words of similar import does not reasonably identify the collateral.
(d) Except as otherwise provided in subsection (e), a description of a security entitlement, securities account, or commodity account is sufficient if it describes:
  (1) The collateral by those terms or as investment property; or
  (2) The underlying financial asset or commodity contract.
(e) A description only by type of collateral defined in Subtitle I of Title 28 is an insufficient description of:
  (1) A commercial tort claim; or
  (2) In a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account.
D.C. Code § 28:2A-514 — DC Code / Title 28 / Chapter  / § 28:2A-514
§ 28:2A-514. Waiver of lessee’s objections.
Status: in_force

(a) In rejecting goods, a lessee’s failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default:
  (1) If, stated seasonably, the lessor or the supplier could have cured it ( § 28:2A-513 ); or
  (2) Between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.
(b) A lessee’s failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.
D.C. Code § 28:3-503 — DC Code / Title 28 / Chapter  / § 28:3-503
§ 28:3-503. Notice of dishonor.
Status: in_force

(a) The obligation of an indorser stated in section 28:3-415(a) and the obligation of a drawer stated in section 28:3-414(d) may not be enforced unless (i) the indorser or drawer is given notice of dishonor of the instrument complying with this section or (ii) notice of dishonor is excused under section 28:3-504(b).
(b) Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written, or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted.  Return of an instrument given to a bank for collection is sufficient notice of dishonor.
(c) Subject to section 28:3-504(c), with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given (i) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument, or (ii) by any other person within 30 days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within 30 days following the day on which dishonor occurs.
D.C. Code § 28:8-101 — DC Code / Title 28 / Chapter  / § 28:8-101
§ 28:8-101. Short title.
Status: in_force

This article may be cited as “Uniform Commercial Code—Investment Securities.”
D.C. Code § 28:7-208 — DC Code / Title 28 / Chapter  / § 28:7-208
§ 28:7-208. Altered warehouse receipts.
Status: in_force

If a blank in a negotiable tangible warehouse receipt has been filled in without authority, a good-faith purchaser for value and without notice of the lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic warehouse receipt enforceable against the issuer according to its original tenor.
D.C. Code § 28-3911 — DC Code / Title 28 / Chapter 39 / § 28-3911
§ 28-3911. District of Columbia Consumer Protection Fund.
Status: repealed

Repealed.
D.C. Code § 28:2-616 — DC Code / Title 28 / Chapter  / § 28:2-616
§ 28:2-616. Procedure on notice claiming excuse.
Status: in_force

(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this article relating to breach of installment contracts (section 28:2-612), then also as to the whole,
  (a) terminate and thereby discharge any unexecuted portion of the contract; or
  (b) modify the contract by agreeing to take his available quota in substitution.
(2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days the contract lapses with respect to any deliveries affected.
(3) The provisions of this section may not be negated by agreement except in so far as the seller has assumed a greater obligation under the preceding section.
D.C. Code § 28:2-509 — DC Code / Title 28 / Chapter  / § 28:2-509
§ 28:2-509. Risk of loss in the absence of breach.
Status: in_force

(1) Where the contract requires or authorizes the seller to ship the goods by carrier
  (a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (section 28:2-505); but
  (b) if it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer
  (a) on his receipt of possession or control of a negotiable document of title covering the goods; or
  (b) on acknowledgment by the bailee of the buyer’s right to possession of the goods; or
  (c) after his receipt of possession or control of a non-negotiable document of title or other direction to deliver in a record, as provided in subsection (4)(b) of section 28:2-503.
(3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.
(4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this article on sale on approval (section 28:2-327) and on effect of breach on risk of loss (section 28:2-510).
D.C. Code § 28-4909 — DC Code / Title 28 / Chapter 49 / § 28-4909
§ 28-4909. Effect of change or error.
Status: in_force

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
  (A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
  (B) Takes reasonable steps, including steps that conform to the other person’s reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
  (C) Has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither paragraph (1) of this subsection nor paragraph (2) of this subsection applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any.
(4) Paragraphs (2) and (3) of this subsection may not be varied by agreement.
D.C. Code § 28-2103 — DC Code / Title 28 / Chapter 21 / § 28-2103
§ 28-2103. Assignee.
Status: in_force

Only a resident of the District of Columbia may be an assignee in an assignment for the benefit of creditors. His assent shall appear in writing in, or at the end of, or indorsed on, the assignment. An assignment is invalid unless acknowledged and recorded within five days after its execution in the land records of the District. A trust created by an assignment shall be executed under the supervision and control of the court having probate jurisdiction.
D.C. Code § 28:3-113 — DC Code / Title 28 / Chapter  / § 28:3-113
§ 28:3-113. Date of instrument.
Status: in_force

(a) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in section 28:4-401(c), an instrument payable on demand is not payable before the date of the instrument.
(b) If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder.
D.C. Code § 28:3-103 — DC Code / Title 28 / Chapter  / § 28:3-103
§ 28:3-103. Definitions.
Status: in_force

(a) In this article, the term:
  (1) “Acceptor” means a drawee who has accepted a draft.
  (2) “Consumer account” means an account established by an individual primarily for personal, family, or household purposes.
  (3) “Consumer transaction” means a transaction in which an individual incurs an obligation primarily for personal, family, or household purposes.
  (4) “Drawee” means a person ordered in a draft to make payment.
  (5) “Drawer” means a person who signs or is identified in a draft as a person ordering payment.
  (6) “Maker” means a person who signs or is identified in a note as a person undertaking to pay.
  (7) “Order” means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.
  (8) “Ordinary care” in the case of a person engaged in business means observance of reasonable commercial standards, prevailing in the area in which the person is located, with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank’s prescribed procedures and the bank’s procedures do not vary unreasonably from general banking usage not disapproved by this article or Article 4.
  (9) “Party” means a party to an instrument.
  (10) “Principal obligor”, with respect to an instrument, means the accommodated party or any other party to the instrument against whom a secondary obligor has recourse under this article.
  (11) “Promise” means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.
  (12) “Prove” with respect to a fact means to meet the burden of establishing the fact under § 28:1-201(b)(8) .
  (13) “Remitter” means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser.
  (14) “Remotely created consumer item” means an item drawn on a consumer account, which is not created by the payor bank and does not bear a handwritten signature purporting to be the signature of the drawer.
  (15) “Secondary obligor”, with respect to an instrument, means:
    (A) An indorser or an accommodation party;
    (B) A drawer having the obligation described in § 28:3-414(d) ; or
    (C) Any other party to the instrument that has recourse against another party to the instrument pursuant to § 28:3-116(b) .
(b) Other definitions applying to this article and the sections in which they appear are:
“Acceptance”.  Section 28:3-409  .
“Accommodated party”.  Section 28:3-419  .
“Accommodation party”.   Section 28:3-419  .
“Account”. Section 28:4-104  .
“Alteration”.     Section 28:3-407  .
“Anomalous indorsement”.  Section 28:3-205  .
“Blank indorsement”.   Section 28:3-205  .
“Cashier’s check”.   Section 28:3-104  .
“Certificate of deposit”. Section 28:3-104  .
“Certified check”.    Section 28:3-409  .
“Check”.       Section 28:3-104  .
“Consideration”.  Section 28:3-303  .
“Draft”.             Section 28:3-104  .
“Holder in due course”. Section 28:3-302  .
“Incomplete instrument”. Section 28:3-115  .
“Indorsement”. Section 28:3-204  .
“Indorser”. Section 28:3-204  .
“Instrument”. Section 28:3-104  .
“Issue”. Section 28:3-105  .
“Issuer”. Section 28:3-105  .
“Negotiable instrument”. Section 28:3-104  .
“Negotiation”. Section 28:3-201  .
“Note”. Section 28:3-104  .
“Payable at a definite time”. Section 28:3-108  .
“Payable on demand”. Section 28:3-108  .
“Payable to bearer”. Section 28:3-109  .
“Payable to order”. Section 28:3-109  .
“Payment”. Section 28:3-602  .
“Person entitled to enforce”. Section 28:3-301  .
“Presentment”. Section 28:3-501  .
“Reacquisition”. Section 28:3-207  .
“Special indorsement”. Section 28:3-205  .
“Teller’s check”. Section 28:3-104  .
“Transfer of instrument”. Section 28:3-203  .
“Traveler’s check”. Section 28:3-104  .
“Value”.  Section 28:3-303  .
(c) The following definitions in other articles apply to this article:
“Banking day”. Section 28:4-104  .
“Clearing house”. Section 28:4-104  .
“Collecting bank”. Section 28:4-105  .
“Depositary bank”. Section 28:4-105  .
“Documentary draft”. Section 28:4-104  .
“Intermediary bank”. Section 28:4-105  .
“Item”. Section 28:4-104  .
“Payor bank”. Section 28:4-105  .
“Suspends payments”. Section 28:4-104  .
(d) In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
D.C. Code § 28-2952 — DC Code / Title 28 / Chapter 29A / § 28-2952
§ 28-2952. Scope; choice of law; forum.
Status: in_force

(a) This chapter applies to a special deposit under an account agreement that states the intention of the parties to establish a special deposit governed by this chapter , regardless of whether a party to the account agreement or a transaction related to the special deposit, or the special deposit itself, has a reasonable relation to the District.
(b) The parties to an account agreement may choose a forum in the District for settling a dispute arising out of the special deposit, regardless of whether a party to the account agreement or a transaction related to the special deposit, or the special deposit itself, has a reasonable relation to the District.
(c) This chapter does not affect:
  (1) A right or obligation relating to a deposit other than a special deposit under this chapter ; or
  (2) The voidability of a deposit or transfer that is fraudulent or voidable under other law.
D.C. Code § 28:2-511 — DC Code / Title 28 / Chapter  / § 28:2-511
§ 28:2-511. Tender of payment by buyer; payment by check.
Status: in_force

(1) Unless otherwise agreed tender of payment is a condition to the seller’s duty to tender and complete any delivery.
(2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.
(3) Subject to the provisions of this subtitle on the effect of an instrument on an obligation (section 28:3-310), payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment.
D.C. Code § 28:2-314 — DC Code / Title 28 / Chapter  / § 28:2-314
§ 28:2-314. Implied warranty: merchantability; usage of trade.
Status: in_force

(1) Unless excluded or modified (section 28:2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as
  (a) pass without objection in the trade under the contract description; and
  (b) in the case of fungible goods, are of fair average quality within the description; and
  (c) are fit for the ordinary purposes for which such goods are used; and
  (d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
  (e) are adequately contained, packaged, and labeled as the agreement may require; and
  (f) conform to the promises or affirmations of fact made on the container or label if any.
(3) Unless excluded or modified (section 28:2-316), or implied warranties may arise from course of dealing or usage of trade.
D.C. Code § 28:2-316 — DC Code / Title 28 / Chapter  / § 28:2-316
§ 28:2-316. Exclusion or modification of warranties.
Status: in_force

(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this article on parol or extrinsic evidence (section 28:2-202) negation or limitation is inoperative to the extent that such construction is unreasonable.
(2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that “There are no warranties which extend beyond the description on the face hereof ”.
(3) Notwithstanding subsection (2)
  (a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like “as is”, “with all faults” or other language which in common understanding calls the buyer’s attention to the exclusion of warranties and makes plain that there is no implied warranty; and
  (b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him; and
  (c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.
(4) Remedies for breach of warranty can be limited in accordance with the provisions of this article on liquidation or limitation of damages and on contractual modification of remedy (sections 28:2-718 and 28:2-719).
D.C. Code § 28:6-108 — DC Code / Title 28 / Chapter  / § 28:6-108
§ 28:6-108. Bulk sales by auction; bulk sales conducted by liquidator.
Status: repealed

Repealed.
D.C. Code § 28:4A-507 — DC Code / Title 28 / Chapter  / § 28:4A-507
§ 28:4A-507. Choice of law.
Status: in_force

(a) The following rules apply unless the affected parties otherwise agree or subsection (c) of this section applies:
  (1) The rights and obligations between the sender of a payment order and the receiving bank are governed by the law of the jurisdiction in which the receiving bank is located.
  (2) The rights and obligations between the beneficiary’s bank and the beneficiary are governed by the law of the jurisdiction in which the beneficiary’s bank is located.
  (3) The issue of when payment is made pursuant to a funds transfer by the originator to the beneficiary is governed by the law of the jurisdiction in which the beneficiary’s bank is located.
(b) If the parties described in each paragraph of subsection (a) of this section have made an agreement selecting the law of a particular jurisdiction to govern rights and obligations between each other, the law of that jurisdiction governs those rights and obligations, whether or not the payment order or the funds transfer bears a reasonable relation to that jurisdiction.
(c) A funds-transfer system rule may select the law of a particular jurisdiction to govern (i) rights and obligations between participating banks with respect to payment orders transmitted or processed through the system, or (ii) the rights and obligations of some or all parties to a funds transfer any part of which is carried out by means of the system. A choice of law made pursuant to clause (i) is binding on participating banks. A choice of law made pursuant to clause (ii) is binding on the originator, other sender, or a receiving bank having notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system when the originator, other sender, or receiving bank issued or accepted a payment order. The beneficiary of a funds transfer is bound by the choice of law if, when the funds transfer is initiated, the beneficiary has notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system. The law of a jurisdiction selected pursuant to this subsection may govern, whether or not that law bears a reasonable relation to the matter in issue.
(d) In the event of inconsistency between an agreement under subsection (b) of this section and a choice-of-law rule under subsection (c) of this section, the agreement under subsection (b) of this section prevails.
(e) If a funds transfer is made by use of more than one funds-transfer system and there is inconsistency between choice-of-law rules of the systems, the matter in issue is governed by the law of the selected jurisdiction that has the most significant relationship to the matter in issue.
D.C. Code § 28:2-503 — DC Code / Title 28 / Chapter  / § 28:2-503
§ 28:2-503. Manner of seller’s tender of delivery.
Status: in_force

(1) Tender of delivery requires that the seller put and hold conforming goods at the buyer’s disposition and give the buyer any notification reasonably necessary to enable him to take delivery. The manner, time and place for tender are determined by the agreement and this article, and in particular
  (a) tender must be at a reasonable hour, and if it is of goods they must be kept available for the period reasonably necessary to enable the buyer to take possession; but
  (b) unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods.
(2) Where the case is within the next section respecting shipment tender requires that the seller comply with its provisions.
(3) Where the seller is required to deliver at a particular destination tender requires that he comply with subsection (1) and also in any appropriate case tender documents as described in subsections (4) and (5) of this section.
(4) Where goods are in the possession of a bailee and are to be delivered without being moved
  (a) tender requires that the seller either tender a negotiable document of title covering such goods or procure acknowledgment by the bailee of the buyer’s right to possession of the goods; but
  (b) tender to the buyer of a non-negotiable document of title or of a record directing the bailee to deliver is sufficient tender unless the buyer seasonably objects, and except as otherwise provided in Article 9 receipt by the bailee of notification of the buyer’s rights fixes those rights as against the bailee and all third persons; but risk of loss of the goods and of any failure by the bailee to honor the non-negotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender.
(5) Where the contract requires the seller to deliver documents
  (a) he must tender all such documents in correct form except as provided in this article with respect to bills of lading in a set (subsection (2) of section 28:2-323); and
  (b) tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes non-acceptance or rejection.
D.C. Code § 28-5105 — DC Code / Title 28 / Chapter 51 / § 28-5105
§ 28-5105. Art dealer required to obtain written contract.
Status: in_force

(a) An art dealer may accept a work of fine art on a fee, commission, or other compensation basis, on consignment from the artist who created the work of fine art only if, prior to or at the time of acceptance, the art dealer enters into a written contract with the artist establishing:
  (1) The value of the work of fine art;
  (2) The time within which the proceeds of the sale are to be paid to the artist if the work of fine art is sold; and
  (3) The minimum price for the sale of the work of fine art.
(b) If an art dealer violates this section, the Superior Court of the District of Columbia may, at the request of the artist, void the obligation of the artist to the art dealer or to a person to whom the obligation is transferred, other than a holder in due course.
D.C. Code § 28-4604 — DC Code / Title 28 / Chapter 46 / § 28-4604
§ 28-4604. Bond requirements.
Status: in_force

(a) A consumer credit service organization that charges or receives money or other valuable consideration prior to completion of services under a contract or agreement shall obtain a surety bond or establish a trust account that guarantees a refund to a consumer of any money or other valuable consideration paid by the consumer. The bond shall be in the amount of $25,000 and issued by a surety company legally allowed to do business in the District. A trust account established to guarantee a refund to a consumer shall have a minimum balance of $25,000 and be deposited at a federally insured bank or savings and loan association located in the District.
(b) Funds from the bank account or surety bond shall be used to refund payment to a consumer who cancels a contract, to pay any damages assessed against a consumer credit service organization in an action arising from a violation of this chapter, or to settle a consumer complaint filed with the Mayor against a consumer credit service organization.
D.C. Code § 28:2A-204 — DC Code / Title 28 / Chapter  / § 28:2A-204
§ 28:2A-204. Formation in general.
Status: in_force

(a) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.
(b) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.
(c) Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.
D.C. Code § 28:9-524 — DC Code / Title 28 / Chapter  / § 28:9-524
§ 28:9-524. Delay by filing office.
Status: in_force

Delay by the filing office beyond a time limit prescribed by this part is excused if:
(1) The delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and
(2) The filing office exercises reasonable diligence under the circumstances.
D.C. Code § 28:4A-202 — DC Code / Title 28 / Chapter  / § 28:4A-202
§ 28:4A-202. Authorized and verified payment orders.
Status: in_force

(a) A payment order received by the receiving bank is the authorized order of the person identified as sender if that person authorized the order or is otherwise bound by it under the law of agency.
(b) If a bank and its customer have agreed that the authenticity of payment orders issued to the bank in the name of the customer as sender will be verified pursuant to a security procedure, a payment order received by the receiving bank is effective as the order of the customer, whether or not authorized, if (i) the security procedure is a commercially reasonable method of providing security against unauthorized payment orders, and (ii) the bank proves that it accepted the payment order in good faith and in compliance with the bank's obligations under the security procedure and any agreement or instruction of the customer, evidenced by a record, restricting acceptance of payment orders issued in the name of the customer. The bank is not required to follow an instruction that violates an agreement with the customer, evidenced by a record, or notice of which is not received at a time and in a manner affording the bank a reasonable opportunity to act on it before the payment order is accepted.
(c) Commercial reasonableness of a security procedure is a question of law to be determined by considering the wishes of the customer expressed to the bank, the circumstances of the customer known to the bank, including the size, type, and frequency of payment orders normally issued by the customer to the bank, alternative security procedures offered to the customer, and security procedures in general use by customers and receiving banks similarly situated. A security procedure is deemed to be commercially reasonable if (i) the security procedure was chosen by the customer after the bank offered, and the customer refused, a security procedure that was commercially reasonable for that customer, and (ii) the customer expressly agreed in a record to be bound by any payment order, whether or not authorized, issued in its name and accepted by the bank in compliance with the bank's security obligation under the security procedure chosen by the customer.
(d) The term “sender” in this article includes the customer in whose name a payment order is issued if the order is the authorized order of the customer under subsection (a) of this section, or it is effective as the order of the customer under subsection (b) of this section.
(e) This section applies to amendments and cancellations of payment orders to the same extent it applies to payment orders.
(f) Except as provided in this section and in § 28:4A-203(a)(1) , rights and obligations arising under this section or § 28:4A-203 may not be varied by agreement.
D.C. Code § 28:8-205 — DC Code / Title 28 / Chapter  / § 28:8-205
§ 28:8-205. Effect of unauthorized signature on security certificate.
Status: in_force

An unauthorized signature placed on a security certificate before or in the course of issue is ineffective, but the signature is effective in favor of a purchaser for value of the certificated security if the purchaser is without notice of the lack of authority and the signing has been done by:
(1) An authenticating trustee, registrar, transfer agent, or other person entrusted by the issuer with the signing of the security certificate or of similar security certificates, or the immediate preparation for signing of any of them; or
(2) An employee of the issuer, or of any of the persons listed in paragraph (1) of this subsection, entrusted with responsible handling of the security certificate.
D.C. Code § 28:4A-106 — DC Code / Title 28 / Chapter  / § 28:4A-106
§ 28:4A-106. Time payment order is received.
Status: in_force

(a) The time of receipt of a payment order or communication cancelling or amending a payment order is determined by the rules applicable to receipt of a notice stated in § 28:1-202 . A receiving bank may fix a cut-off time or times on a funds-transfer business day for the receipt and processing of payment orders and communications cancelling or amending payment orders. Different cut-off times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cut-off time may apply to senders generally or different cut-off times may apply to different senders or categories of payment orders. If a payment order or communication cancelling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cut-off time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds-transfer business day.
(b) If this article refers to an execution date or payment date or states a day on which a receiving bank is required to take action, and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this article.
D.C. Code § 28-2101 — DC Code / Title 28 / Chapter 21 / § 28-2101
§ 28-2101. Form of assignment.
Status: in_force

In a voluntary assignment for the benefit of creditors, the debtor shall annex to the assignment (1) an inventory, under oath or affirmation, of his estate, real and personal, according to the best of his knowledge, (2) a list of his creditors, their respective residences and places of business, if known, and (3) the amounts of their respective demands.
D.C. Code § 28-4006 — DC Code / Title 28 / Chapter 40 / § 28-4006
§ 28-4006. Grounds for revocation and suspension.
Status: in_force

(a) In addition to those practices prohibited under section 28-3904, the Office may deny the application for a certificate of registration or may suspend or revoke the certificate of registration of any hearing aid dealer issued pursuant to this chapter or may refuse to issue a renewal if it has been determined by the Office or a court of competent jurisdiction that such registrant has:
  (1) made a material false statement or concealed a material fact in connection with an application for a certificate;
  (2) had a certificate of registration issued under this chapter revoked or suspended previously;
  (3) been guilty of fraud or fraudulent practices or has practiced dishonest or misleading advertising, including but not limited to:
    (A) advertising a particular model, type, or kind of hearing aid when the offer is not a bona fide effort to sell the product so offered as advertised;
    (B) advertising that a hearing aid is a new invention or involves a new mechanical, engineering, or scientific concept or principle in hearing aid capability;
    (C) advertising that a hearing aid will be beneficial to persons with hearing loss, regardless of the type of hearing loss;
    (D) advertising that a hearing aid will enable persons with a hearing loss to consistently distinguish and understand speech sounds in noisy situations;
    (E) representing that the services or advice of a person licensed to practice medicine or of a person licensed as an audiologist will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true;
    (F) using or incorporating in any title or designation the words “doctor”, “clinic”, “clinical audiologist”, “hearing aid audiologist”, or any other term unless legally qualified to use the term, abbreviation, or symbol;
    (G) wearing any costume, which would tend to give a false impression that one is being treated medically or tested by an audiologist;
    (H) representing, advertising, or implying that the hearing aid or repair is guaranteed, without a clear and concise disclosure of the identity of the guarantor, the nature and extent of the guarantee and any condition or limitations imposed;
    (I) stating or implying that the use of any hearing aid will restore hearing to a normal level, preserve hearing, prevent or retard progression of a hearing impairment, save a person from deafness, or any other false or misleading medically or audiologically unsupportable claims regarding the efficacy or benefits of a hearing aid;
    (J) representing or implying that a hearing aid is or will be “custom made”, “made to order”, “prescription made”, or in any other sense especially fabricated for an individual person when such is not the case; and
    (K) representing that a hearing aid has a telephone option, unless it is clearly and conspicuously disclosed that the telephone option will not work on all types of telephones;
  (4) been grossly negligent in the fitting, selling, or repairing of any hearing aid;
  (5) failed to comply with any other provision of this chapter or any rules or regulations promulgated hereunder; and
  (6) directly or indirectly giving, offering to give, permitting or causing to be given, money or anything of value to any person who advises another in a professional capacity, as an inducement to influence such person, to have such person influence others, to purchase or contract to purchase any product sold or offered for sale by the registrant, or to influence any person to refrain from dealing in the products of competitors.
(b) For the purposes of paragraphs (3), (4), (5), and (6) of subsection (a) of this section, the actions of any employee of a hearing aid dealer shall be attributed to and deemed to be actions of such hearing aid dealer.
(c) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2 . Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2 .
D.C. Code § 28:9-704 — DC Code / Title 28 / Chapter  / § 28:9-704
§ 28:9-704. Security interest unperfected before July 1, 2001.
Status: in_force

A security interest that is enforceable immediately before July 1, 2001 but which would be subordinate to the rights of a person that becomes a lien creditor at that time:
(1) Remains an enforceable security interest for one year after July 1, 2001;
(2) Remains enforceable thereafter if the security interest becomes enforceable under § 28:9-203 on July 1, 2001 or within one year thereafter; and
(3) Becomes perfected:
  (A) Without further action, on July 1, 2001 if the applicable requirements for perfection under this article are satisfied before or at that time; or
  (B) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
D.C. Code § 28:8-407 — DC Code / Title 28 / Chapter  / § 28:8-407
§ 28:8-407. Authenticating trustee, transfer agent, and registrar.
Status: in_force

A person acting as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of a transfer of its securities, in the issue of new security certificates or uncertificated securities, or in the cancellation of surrendered security certificates has the same obligation to the holder or owner of a certificated or uncertificated security with regard to the particular functions performed as the issuer has in regard to those functions.
D.C. Code § 28:12-205 — DC Code / Title 28 / Chapter  / § 28:12-205
§ 28:12-205. Effectiveness of actions taken before April 20, 2024.
Status: in_force

(a) If action, other than the filing of a financing statement, is taken before April 20, 2024 and the action would have resulted in perfection of the security interest had the security interest become enforceable before April 20, 2024, the action is effective to perfect a security interest that attaches under the 2024 Act before the adjustment date. An attached security interest becomes unperfected on the adjustment date unless the security interest becomes a perfected security interest under the 2024 Act before the adjustment date.
(b) The filing of a financing statement before April 20, 2024 is effective to perfect a security interest on April 20, 2024 to the extent the filing would satisfy the requirements for perfection under the 2024 Act.
(c) The taking of an action before April 20, 2024 is sufficient for the enforceability of a security interest on April 20, 2024 if the action would satisfy the requirements for enforceability under the 2024 Act.
D.C. Code § 28:2A-504 — DC Code / Title 28 / Chapter  / § 28:2A-504
§ 28:2A-504. Liquidation of damages.
Status: in_force

(a) Damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor’s residual interest, may be liquidated in the lease agreement, but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.
(b) If the lease agreement provides for liquidation of damages and the provision does not comply with subsection (a) of this section, or the provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this article.
(c) If the lessor justifiably withholds or stops delivery of goods because of the lessee’s default or insolvency ( § 28:2A-525 or § 28:2A-526 ), the lessee is entitled to restitution of any amount by which the sum of his or her payments exceeds:
  (1) The amount to which the lessor is entitled by virtue of terms liquidating the lessor’s damages in accordance with subsection (a) of this section; or
  (2) In the absence of those terms, 20 percent of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of the amount or $500.
(d) A lessee’s right to restitution under subsection (c) of this section is subject to offset to the extent the lessor establishes:
  (1) A right to recover damages under the provisions of this article other than subsection (a) of this section; and
  (2) The amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract.
D.C. Code § 28:6-106 — DC Code / Title 28 / Chapter  / § 28:6-106
§ 28:6-106. Schedule of distribution.
Status: repealed

Repealed.
D.C. Code § 28:9-103 — DC Code / Title 28 / Chapter  / § 28:9-103
§ 28:9-103. Purchase-money security interest; application of payments; burden of establishing.
Status: in_force

(a) In this section:
  (1) “Purchase-money collateral” means goods or software that secures a purchase-money obligation incurred with respect to that collateral; and
  (2) “Purchase-money obligation” means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral if the value is in fact so used.
(b) A security interest in goods is a purchase-money security interest:
  (1) To the extent that the goods are purchase-money collateral with respect to that security interest;
  (2) If the security interest is in inventory that is or was purchase-money collateral, also to the extent that the security interest secures a purchase-money obligation incurred with respect to other inventory in which the secured party holds or held a purchase-money security interest; and
  (3) Also to the extent that the security interest secures a purchase-money obligation incurred with respect to software in which the secured party holds or held a purchase-money security interest.
(c) A security interest in software is a purchase-money security interest to the extent that the security interest also secures a purchase-money obligation incurred with respect to goods in which the secured party holds or held a purchase-money security interest if:
  (1) The debtor acquired its interest in the software in an integrated transaction in which it acquired an interest in the goods; and
  (2) The debtor acquired its interest in the software for the principal purpose of using the software in the goods.
(d) The security interest of a consignor in goods that are the subject of a consignment is a purchase-money security interest in inventory.
(e) In a transaction other than a consumer-goods transaction, if the extent to which a security interest is a purchase-money security interest depends on the application of a payment to a particular obligation, the payment must be applied:
  (1) In accordance with any reasonable method of application to which the parties agree;
  (2) In the absence of the parties’ agreement to a reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment; or
  (3) In the absence of an agreement to a reasonable method and a timely manifestation of the obligor’s intention, in the following order:
    (A) To obligations that are not secured; and
    (B) If more than one obligation is secured, to obligations secured by purchase-money security interests in the order in which those obligations were incurred.
(f) In a transaction other than a consumer-goods transaction, a purchase-money security interest does not lose its status as such, even if:
  (1) The purchase-money collateral also secures an obligation that is not a purchase-money obligation;
  (2) Collateral that is not purchase-money collateral also secures the purchase-money obligation; or
  (3) The purchase-money obligation has been renewed, refinanced, consolidated, or restructured.
(g) In a transaction other than a consumer-goods transaction, a secured party claiming a purchase-money security interest has the burden of establishing the extent to which the security interest is a purchase-money security interest.
(h) The limitation of the rules in subsections (e), (f), and (g) to transactions other than consumer-goods transactions is intended to leave to the court the determination of the proper rules in consumer-goods transactions. The court may not infer from that limitation the nature of the proper rule in consumer-goods transactions and may continue to apply established approaches.
D.C. Code § 28:2-714 — DC Code / Title 28 / Chapter  / § 28:2-714
§ 28:2-714. Buyer’s damages for breach in regard to accepted goods.
Status: in_force

(1) Where the buyer has accepted goods and given notification (subsection (3) of section 28:2-607) he may recover as damages for any non-conformity of tender the loss resulting in the ordinary course of events from the seller’s breach as determined in any manner which is reasonable.
(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.
(3) In a proper case any incidental and consequential damages under the next section may also be recovered.
D.C. Code § 28:4-201 — DC Code / Title 28 / Chapter  / § 28:4-201
§ 28:4-201. Status of collecting bank as agent and provisional status of credits; applicability of article; item indorsed “pay any bank”.
Status: in_force

(a) Unless a contrary intent clearly appears and before the time that a settlement given by a collecting bank for an item is or becomes final, the bank, with respect to the item, is an agent or subagent of the owner of the item and any settlement given for the item is provisional. This provision applies regardless of the form of indorsement or lack of indorsement and even though credit given for the item is subject to immediate withdrawal as of right or is in fact withdrawn; but the continuance of ownership of an item by its owner and any rights of the owner to proceeds of the item are subject to rights of a collecting bank, such as those resulting from outstanding advances on the item and rights of recoupment or setoff. If an item is handled by banks for purposes of presentment, payment, collection, or return, the relevant provisions of this article apply even though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it.
(b) After an item has been indorsed with the words “pay any bank” or the like, only a bank may acquire the rights of a holder until the item has been:
  (1) Returned to the customer initiating collection; or
  (2) Specially indorsed by a bank to a person who is not a bank.
D.C. Code § 28:3-415 — DC Code / Title 28 / Chapter  / § 28:3-415
§ 28:3-415. Obligation of indorser.
Status: in_force

(a) Subject to subsections (b), (c), (d), and (e) of this section and section 28:3-419(d), if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was indorsed, or (ii) if the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent stated in sections 28:3-115 and 28:3-407. The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this section.
(b) If an indorsement states that it is made “without recourse” or otherwise disclaims liability of the indorser, the indorser is not liable under subsection (a) of this section to pay the instrument.
(c) If notice of dishonor of an instrument is required by section 28:3-503 and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subsection (a) of this section is discharged.
(d) If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under subsection (a) of this section is discharged.
(e) If an indorser of a check is liable under subsection (a) of this section and the check is not presented for payment, or given to a depositary bank for collection, within 30 days after the day the indorsement was made, the liability of the indorser under subsection (a) of this section is discharged.
D.C. Code § 28-4911 — DC Code / Title 28 / Chapter 49 / § 28-4911
§ 28-4911. Retention of electronic records; originals.
Status: in_force

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
  (1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
  (2) Remains accessible for later reference.
(b) A requirement to retain a record in accordance with subsection (a) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy subsection (a) of this section by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this section.
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this section.
(f) A record retained as an electronic record in accordance with subsection (a) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after [October 3, 2001] specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of the District of Columbia from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction.
D.C. Code § 28-4802.02 — DC Code / Title 28 / Chapter 48 / § 28-4802.02
§ 28-4802.02. Distribution to residuary and remainder beneficiaries.
Status: in_force

(a) Each beneficiary described in § 28-4802.01(4) is entitled to receive a portion of the net income equal to the beneficiary’s fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the net income the fiduciary has received after the date of death or terminating event or earlier distribution date but has not distributed as of the current distribution date.
(b) In determining a beneficiary’s share of net income, the following rules apply:
  (1) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary’s fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations.
  (2) The beneficiary’s fractional interest in the undistributed principal assets must be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts not in trust.
  (3) The beneficiary’s fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation.
  (4) The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed.
(c) If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.
(d) A fiduciary may apply the rules in this section, to the extent that the fiduciary considers it appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset.
D.C. Code § 28:2-718 — DC Code / Title 28 / Chapter  / § 28:2-718
§ 28:2-718. Liquidation or limitation of damages; deposits.
Status: in_force

(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.
(2) Where the seller justifiably withholds delivery of goods because of the buyer’s breach, the buyer is entitled to restitution of any amount by which the sum of his payments exceeds
  (a) the amount to which the seller is entitled by virtue of terms liquidating the seller’s damages in accordance with subsection (1), or
  (b) in the absence of such terms, twenty percent of the value of the total performance for which the buyer is obligated under the contract or $500, whichever is smaller.
(3) The buyer’s right to restitution under subsection (2) is subject to offset to the extent that the seller establishes
  (a) a right to recover damages under the provisions of this article other than subsection (1), and
  (b) the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.
(4) Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection (2); but if the seller has notice of the buyer’s breach before reselling goods received in part performance, his resale is subject to the conditions laid down in this article on resale by an aggrieved seller (section 28:2-706).
D.C. Code § 28:2A-219 — DC Code / Title 28 / Chapter  / § 28:2A-219
§ 28:2A-219. Risk of loss.
Status: in_force

(a) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.
(b) Subject to the provisions of this article on the effect of default on risk of loss ( § 28:2A-220 ), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:
  (1) If the lease contract requires or authorizes the goods to be shipped by carrier
    (A) And it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but
    (B) If it does require delivery at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery.
  (2) If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee’s right to possession of the goods.
  (3) In any case not within paragraph (1) or (2) of this subsection, the risk of loss passes to the lessee on the lessee’s receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery.
D.C. Code § 28-2964 — DC Code / Title 28 / Chapter 29A / § 28-2964
§ 28-2964. Uniformity of application and construction.
Status: in_force

In applying and construing this chapter , consideration must be given to the need to promote uniformity of the law among jurisdictions that enact it.
D.C. Code § 28-4002 — DC Code / Title 28 / Chapter 40 / § 28-4002
§ 28-4002. Powers and duties of the Office of Consumer Protection.
Status: in_force

The Office shall:
(1) issue and renew certificates of registration to engage in the business of fitting and selling of hearing aids, as provided in section 28-4003; and
(2) implement and enforce the provisions of this chapter by utilizing the powers, procedures and sanctions of the Office, as provided for in sections 28-3903 and 28-3905 of the “District of Columbia Consumer Protection Procedures Act”, approved July 22, 1976 ( D.C. Law 1-76 ) [D.C. Official Code, §§ 28-3903 and 28-3905 ] and the regulations of the Office.
D.C. Code § 28:8-504 — DC Code / Title 28 / Chapter  / § 28:8-504
§ 28:8-504. Duty of securities intermediary to maintain financial asset.
Status: in_force

(a) A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements it has established in favor of its entitlement holders with respect to that financial asset. The securities intermediary may maintain those financial assets directly or through one or more other securities intermediaries.
(b) Except to the extent otherwise agreed by its entitlement holder, a securities intermediary may not grant any security interests in a financial asset it is obligated to maintain pursuant to subsection (a) of this section.
(c) A securities intermediary satisfies the duty in subsection (a) of this section if:
  (1) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or
  (2) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to obtain and maintain the financial asset.
(d) This section does not apply to a clearing corporation that is itself the obligor of an option or similar obligation to which its entitlement holders have security entitlements.
D.C. Code § 28-4804.07 — DC Code / Title 28 / Chapter 48 / § 28-4804.07
§ 28-4804.07. Insurance policies and similar contracts.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of, or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income, and to principal if the premiums are paid from principal.
(b) A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to § 28-4804.03 , loss of profits from a business.
(c) This section does not apply to a contract to which § 28-4804.09 applies.
D.C. Code § 28:9-801 — DC Code / Title 28 / Chapter  / § 28:9-801
§ 28:9-801. Definitions.
Status: in_force

In this part:
(1) “Applicability date” means July 1, 2013.
(2) “2012 Act” means the Uniform Commercial Code Article 9 Amendments Act of 2012 [ D.C. Law 19-302 ].
D.C. Code § 28:9-805 — DC Code / Title 28 / Chapter  / § 28:9-805
§ 28:9-805. Effectiveness of action taken before applicability date.
Status: in_force

(a) The filing of a financing statement before the applicability date is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under Article 9 as amended by the 2012 Act.
(b) The 2012 Act does not render ineffective an effective financing statement that, before the applicability date, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in Article 9 as it existed before the applicability date. However, except as otherwise provided in subsections (c) and (d) of this section and § 28:9-806 , the financing statement ceases to be effective:
  (1) If the financing statement is filed in the District, at the time the financing statement would have ceased to be effective had the 2012 Act not taken effect; or
  (2) If the financing statement is filed in another jurisdiction, at the earlier of:
    (A) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or
    (B) June 30, 2018.
(c) The filing of a continuation statement after the applicability date does not continue the effectiveness of a financing statement filed before the applicability date. However, upon the timely filing of a continuation statement after the applicability date and in accordance with the law of the jurisdiction governing perfection as provided in Article 9 as amended by the 2012 Act, the effectiveness of a financing statement filed in the same office in that jurisdiction before the applicability date continues for the period provided by the law of that jurisdiction.
(d) Subsection (b)(2)(B) of this section applies to a financing statement that, before the applicability date, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in Article 9 as it existed before the applicability date, only to the extent that Article 9 as amended by the 2012 Act provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.
(e) A financing statement that includes a financing statement filed before the applicability date and a continuation statement filed after the applicability date only to the extent that it satisfies the requirements of this part as added by the 2012 Act for an initial financing statement. A financing statement that indicates that the debtor is a decedent’s estate indicates that the collateral is being administered by a personal representative within the meaning of § 28:9-503(a)(2) as amended by the 2012 Act. A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of § 28:9-503(a)(3) as amended by the 2012 Act.
D.C. Code § 28-3306 — DC Code / Title 28 / Chapter 33 / § 28-3306
§ 28-3306. Parties compelled to testify.
Status: in_force

When in an action to recover a debt the defendant claims that payment of unlawful interest on the debt has been made to the plaintiff or those under whom he claims, which the defendant is entitled to have credited on the principal of the debt, the plaintiff or the party who received the unlawful interest may be examined as a witness to prove the payment, and may not be excused from testifying in relation thereto. A creditor who is made defendant in a proceeding for discovery as to payments of unlawful interest made to him may not be excused from answering.
D.C. Code § 28:2-321 — DC Code / Title 28 / Chapter  / § 28:2-321
§ 28:2-321. C.I.F. or C. & F.: “net landed weights”; “payment on arrival”; warranty of condition on arrival.
Status: in_force

Under a contract containing a term C.I.F. or C. & F.
(1) Where the price is based on or is to be adjusted according to “net landed weights”, “delivered weights”, “out turn” quantity or quality or the like, unless otherwise agreed the seller must reasonably estimate the price. The payment due on tender of the documents called for by the contract is the amount so estimated, but after final adjustment of the price a settlement must be made with commercial promptness.
(2) An agreement described in subsection (1) or any warranty of quality or condition of the goods on arrival places upon the seller the risk of ordinary deterioration, shrinkage and the like in transportation but has no effect on the place or time of identification to the contract for sale or delivery or on the passing of the risk of loss.
(3) Unless otherwise agreed where the contract provides for payment on or after arrival of the goods the seller must before payment allow such preliminary inspection as is feasible; but if the goods are lost delivery of the documents and payment are due when the goods should have arrived.
D.C. Code § 28:4A-201 — DC Code / Title 28 / Chapter  / § 28:4A-201
§ 28:4A-201. Security procedure.
Status: in_force

"Security procedure" means a procedure established by agreement of a customer and a receiving bank for the purpose of (i) verifying that a payment order or communication amending or cancelling a payment order is that of the customer, or (ii) detecting error in the transmission or the content of the payment order or communication. A security procedure may impose an obligation on the receiving bank or the customer and may require the use of algorithms or other codes, identifying words, numbers, symbols, sounds, biometrics, encryption, callback procedures, or similar security devices. Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer or requiring a payment order to be sent from a known email address, Internet Protocol address, or telephone number is not by itself a security procedure.
D.C. Code § 28:4A-404 — DC Code / Title 28 / Chapter  / § 28:4A-404
§ 28:4A-404. Obligation of beneficiary’s bank to pay and give notice to beneficiary.
Status: in_force

(a) Subject to §§ 28:4A-211(e) , 28:4A-405(d) , and 28:4A-405(e) , if a beneficiary’s bank accepts a payment order, the bank is obliged to pay the amount of the order to the beneficiary of the order. Payment is due on the payment date of the order, but if acceptance occurs on the payment date after the close of the funds-transfer business day of the bank, payment is due on the next funds-transfer business day. If the bank refuses to pay after demand by the beneficiary and receipt of notice of particular circumstances that will give rise to consequential damages as a result of nonpayment, the beneficiary may recover damages resulting from the refusal to pay to the extent the bank had notice of the damages, unless the bank proves that it did not pay because of a reasonable doubt concerning the right of the beneficiary to payment.
(b) If a payment order accepted by the beneficiary’s bank instructs payment to an account of the beneficiary, the bank is obliged to notify the beneficiary of receipt of the order before midnight of the next funds-transfer business day following the payment date. If the payment order does not instruct payment to an account of the beneficiary, the bank is required to notify the beneficiary only if notice is required by the order. Notice may be given by first class mail or any other means reasonable in the circumstances. If the bank fails to give the required notice, the bank is obliged to pay interest to the beneficiary on the amount of the payment order from the day notice should have been given until the day the beneficiary learned of receipt of the payment order by the bank. No other damages are recoverable. Reasonable attorney’s fees are also recoverable if demand for interest is made and refused before an action is brought on the claim.
(c) The right of a beneficiary to receive payment and damages as stated in subsection (a) of this section may not be varied by agreement or a funds-transfer system rule. The right of a beneficiary to be notified as stated in subsection (b) of this section may be varied by agreement of the beneficiary or by a funds-transfer system rule if the beneficiary is notified of the rules before initiation of the funds transfer.
D.C. Code § 28:9-501 — DC Code / Title 28 / Chapter  / § 28:9-501
§ 28:9-501. Filing office.
Status: in_force

(a) Except as otherwise provided in subsection (b), if the local law of the District governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is:
  (1) The Recorder of Deeds, if:
    (A) The collateral is as-extracted collateral or timber to be cut; or
    (B) The financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or
  (2) The Mayor in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.
(b) The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the Office of the Mayor. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures.
D.C. Code § 28:6-102 — DC Code / Title 28 / Chapter  / § 28:6-102
§ 28:6-102. Definitions and index of definitions.
Status: repealed

Repealed.
D.C. Code § 28-4703 — DC Code / Title 28 / Chapter 47 / § 28-4703
§ 28-4703. Diversification.
Status: repealed

Repealed.
D.C. Code § 28:5-115 — DC Code / Title 28 / Chapter  / § 28:5-115
§ 28:5-115. Statute of limitations.
Status: in_force

An action to enforce a right or obligation arising under this article must be commenced within one year after the expiration date of the relevant letter of credit or one year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach.
D.C. Code § 28:2A-304 — DC Code / Title 28 / Chapter  / § 28:2A-304
§ 28:2A-304. Subsequent lease of goods by lessor.
Status: in_force

(a) Subject to § 28:2A-303 , a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and, except as provided in subsection (b) of this section and § 28:2A-527(d) , takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though:
  (1) The lessor’s transferor was deceived as to the identity of the lessor;
  (2) The delivery was in exchange for a check which is later dishonored;
  (3) It was agreed that the transaction was to be a “cash sale”; or
  (4) The delivery was procured through fraud punishable as larcenous under the criminal law.
(b) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor’s and the existing lessee’s rights to the goods, and takes free of the existing lease contract.
(c) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of the District or of another jurisdiction takes no greater rights than those provided both by this and by the certificate of title statute.
D.C. Code § 28:5-102 — DC Code / Title 28 / Chapter  / § 28:5-102
§ 28:5-102. Definitions.
Status: in_force

(a) For the purposes of this article, the term:
  (1) “Adviser” means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed, or amended.
  (2) “Applicant” means a person at whose request or for whose account a letter of credit is issued. The term “applicant” includes a person who requests an issuer to issue a letter of credit on behalf of another if the person making the request undertakes an obligation to reimburse the issuer.
  (3) “Beneficiary” means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. The term “beneficiary” includes a person to whom drawing rights have been transferred under a transferable letter of credit.
  (4) “Confirmer” means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another.
  (5) “Dishonor” of a letter of credit means failure timely to honor or to take an interim action, such as acceptance of a draft, that may be required by the letter of credit.
  (6) “Document” means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion (i) which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in § 28:5-108(e) , and (ii) which is capable of being examined for compliance with the terms and conditions of the letter of credit. A document may not be oral.
  (7) “Good faith” means honesty in fact in the conduct or transaction concerned.
  (8) “Honor” of a letter of credit means performance of the issuer’s undertaking in the letter of credit to pay or deliver an item of value. Unless the letter of credit otherwise provides, honor occurs
    (A) Upon payment;
    (B) If the letter of credit provides for acceptance, upon acceptance of a draft and, at maturity, its payment; or
    (C) If the letter of credit provides for incurring a deferred obligation, upon incurring the obligation and, at maturity, its performance.
  (9) “Issuer” means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes.
  (10) “Letter of credit” means a definite undertaking that satisfies the requirements of § 28:5-104 by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value.
  (11) “Nominated person” means a person whom the issuer (i) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit and (ii) undertakes by agreement or custom and practice to reimburse.
  (12) “Presentation” means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit.
  (13) “Presenter” means a person making a presentation as or on behalf of a beneficiary or nominated person.
  (14) “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form.
  (15) “Successor of a beneficiary” means a person who succeeds to substantially all of the rights of a beneficiary by operation of law, including a corporation with or into which the beneficiary has been merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver.
(b) Definitions in other articles applying to this article and the sections in which they appear are:
“Accept” or “Acceptance.” § 28:3-409
“Value.” § 28:3-303 , § 28:4-211
(c) Article 1 contains certain additional general definitions and principles of construction and interpretation applicable throughout this article.
D.C. Code § 28-3818 — DC Code / Title 28 / Chapter 38 / § 28-3818
§ 28-3818. Layaway plans.
Status: in_force

(a) Definitions. — As used in this section the term:
  (1) “consumer goods” means chattels owned, used, or bought by an individual for personal, family, or household purposes. The term consumer goods does not include goods acquired for commercial or business use or resale;
  (2) “layaway plan” means a plan or agreement whereby a seller of consumer goods offers for sale or sells such goods to a buyer on terms which contemplate completion of three (3) or more agreed payments all of which must be made prior to the release or delivery of such goods;
  (3) “service charge” means a one time charge, not to exceed one dollar ($1.00) on any layaway plan, to cover the administrative costs associated with such layaway plan; provided, that the one dollar ($1.00) service charge shall cover all layaway plan transactions between the retailer and a single consumer occurring in the same business day.
(b) Disclosures. — The seller shall, prior to the time of executing a layaway plan agreement, provide the buyer with a copy of a written, clear, and conspicuous disclosure. Failure of the seller to comply with this provision shall be deemed an executed trade practice in violation of the law of the District of Columbia for which the penalties in section 6(i)(3) of the District of Columbia Consumer Protection Procedures Act, effective July 22, 1976 ( D.C. Law 1-76 ) [ § 28-3905(i)(3) ] shall apply. The disclosure required by this subsection shall include:
  (1) a statement as to the schedule or period of payments to be made by the buyer towards the purchase of consumer goods under a layaway plan;
  (2) a statement that the consumer goods identified in the layaway plan will be retained in stock or set aside from stock but retained by the seller and made available for release or delivery to the buyer upon final payment or within fourteen (14) days after final payment;
  (3) a statement as to the refund and exchange policies and charges restrictive of the seller pursuant to subsections (c), (d), (f), (g), and (h) of this section to the extent applicable;
  (4) a statement as to the seller’s right to deduct late charges as set forth in subsection (g) of this section; and
  (5) a statement that the buyer shall receive from the seller a written statement, upon request, and shall obtain a receipt for any and all payments made towards the purchase of consumer goods under a layaway plan as set forth in subsections (i)(1) and (i)(2) of this section.
(c) Buyer’s right to cancel. — The buyer, at his option, has the right to cancel an executed layaway plan within two (2) weeks after entering into the layaway plan and to obtain a full refund of any amount of money paid toward the purchase of consumer goods under the layaway plan. Such refund is payable upon cancellation or within two (2) weeks after cancellation.
(d) Cancellation fee. — If a buyer notifies a seller of his intention to cancel a purchase of consumer goods under a layaway plan after the expiration of the two (2) week cancellation period set forth in subsection (c) of this section, the seller shall promptly refund the full amount of money paid by the buyer towards the purchase of the consumer goods under the layaway plan. The seller may, however, retain an amount not to exceed eight percent (8%) of the purchase price of the consumer goods purchased under the layaway plan or sixteen dollars ($16.00), whichever is less.
(e) Seller’s default. — If, for any reason, the seller is unable to provide the consumer goods identified in the layaway plan or their exact duplicate to the buyer upon final payment or within fourteen (14) days thereafter, the seller shall refund the entire amount paid by the buyer towards the purchase of such goods under the layaway plan plus eight percent (8%) of the purchase price of the consumer goods purchased under the layaway plan or sixteen dollars ($16.00), whichever is less.
(f) Charges restricted. — The seller shall not require a buyer who has executed a layaway plan to pay a charge or fee of any kind on such goods except for those fees pursuant to subsections (d), (g), and (j) of this section to the extent applicable.
(g) Late fee. — If, for any reason, the buyer is unable to make payment in accordance with the terms of a layaway plan, the seller shall send prompt notice informing the buyer of the delinquency in payment. If the seller does not receive payment on the consumer goods identified in the layaway plan within fourteen (14) days after such notice is sent to the buyer, the seller may deduct an amount not to exceed one dollar ($1.00) from the full amount of money paid by the buyer towards the purchase of such goods under the layaway plan and refund the remaining amount to the buyer.
(h) Acceleration of payment prohibited. — The seller shall not accelerate any payments under a layaway plan. The seller shall be entitled to the amount of payments due to date under the layaway plan including those charges pursuant to subsections (d) and (g) of this section to the extent applicable.
(i) Receipt and statement of payments. — (1) The seller shall promptly provide the buyer with a receipt for any and all payments made towards the purchase of consumer goods under a layaway plan. If payment is made by mail or by any means other than in person, a receipt shall be provided no later than seven (7) days after a payment is made. Such receipt shall include:
    (A) a description of the consumer goods identified in the layaway plan; and
    (B) the amount and date of such payment.
  (2) The seller, upon request of the buyer, shall provide the buyer, within a reasonable time thereafter, a written statement of any and all payments made towards the purchase of consumer goods under the layaway plan. Such statement shall include:
    (A) a description of the consumer goods identified in the layaway plan;
    (B) the amount and date of any and all payments made to date;
    (C) the total of all payments made to date; and
    (D) the balance of all payments remaining.
(j) Service charge. — The seller is allowed to charge the buyer a service charge, which is not to exceed one dollar ($1.00), for goods purchased under a layaway plan, to cover the administrative costs associated with such layaway plan; provided, that the one dollar ($1.00) service charge shall cover all layaway plan transactions between the retailer and a single consumer occurring in the same business day.
D.C. Code § 28:2A-107 — DC Code / Title 28 / Chapter  / § 28:2A-107
§ 28:2A-107. Waiver or renunciation of claim or right after default.
Status: in_force

Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a waiver or renunciation in a signed record delivered by the aggrieved party.
D.C. Code § 28-3502 — DC Code / Title 28 / Chapter 35 / § 28-3502
§ 28-3502. Special promise to answer for debt or default of another.
Status: in_force

An action may not be brought to charge an executor or administrator upon a special promise to answer damages out of his own estate, or to charge the defendant upon a special promise to answer for the debt, default, or miscarriage of another person, or to charge a person upon an agreement made upon consideration of marriage, or upon a contract or sale of real estate, of any interest in or concerning it, or upon an agreement that is not to be performed within one year from the making thereof, unless the agreement upon which the action is brought, or a memorandum or note thereof, is in writing, which need not state the consideration and signed by the party to be charged therewith or a person authorized by him.
D.C. Code § 28:9-332 — DC Code / Title 28 / Chapter  / § 28:9-332
§ 28:9-332. Transfer of money; transfer of funds from deposit account.
Status: in_force

(a) A transferee of tangible money takes the money free of a security interest if the transferee receives possession of the money without acting in collusion with the debtor in violating the rights of the secured party.
(b) A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account if the transferee receives the funds without acting in collusion with the debtor in violating the rights of the secured party.
(c) A transferee of electronic money takes the money free of a security interest if the transferee obtains control of the money without acting in collusion with the debtor in violating the rights of the secured party.
D.C. Code § 28-4805.04 — DC Code / Title 28 / Chapter 48 / § 28-4805.04
§ 28-4805.04. Transfers from income to reimburse principal.
Status: in_force

(a) If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.
(b) Principal disbursements to which subsection (a) of this section applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:
  (1) An amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs;
  (2) A capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments;
  (3) Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements, and broker’s commissions;
  (4) Periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments; and
  (5) Disbursements described in § 28-4805.02(a)(7) .
(c) If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection (a) of this section.
D.C. Code § 28:9-105 — DC Code / Title 28 / Chapter  / § 28:9-105
§ 28:9-105. Control of electronic copy of record evidencing chattel paper.
Status: in_force

(a) A purchaser has control of an authoritative electronic copy of a record evidencing chattel paper if a system employed for evidencing the assignment of interests in the chattel paper reliably establishes the purchaser as the person to which the authoritative electronic copy was assigned.
(b) A system satisfies subsection (a) if the record or records evidencing the chattel paper are created, stored, and assigned in a manner that:
  (1) A single authoritative copy of the record or records exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6) of this section, unalterable;
  (2) The authoritative copy identifies the purchaser as the assignee of the record or records;
  (3) The authoritative copy is communicated to and maintained by the purchaser or its designated custodian;
  (4) Copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the purchaser;
  (5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
  (6) Any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.
(c) A system satisfies subsection (a) of this section, and a purchaser has control of an authoritative electronic copy of a record evidencing chattel paper, if the electronic copy, a record attached to or logically associated with the electronic copy, or a system in which the electronic copy is recorded:
  (1) Enables the purchaser readily to identify each electronic copy as either an authoritative copy or a non-authoritative copy;
  (2) Enables the purchaser readily to identify itself in any way, including by name, identifying number, cryptographic key, office, or account number, as the assignee of the authoritative electronic copy; and
  (3) Gives the purchaser exclusive power, subject to subsection (d) of this section, to:
    (A) Prevent others from adding or changing an identified assignee of the authoritative electronic copy; and
    (B) Transfer control of the authoritative electronic copy.
(d) Subject to subsection (e) of this section, a power is exclusive under subsection (c)(3)(A) and (B) of this section even if:
  (1) The authoritative electronic copy, a record attached to or logically associated with the authoritative electronic copy, or a system in which the authoritative electronic copy is recorded limits the use of the authoritative electronic copy or has a protocol programmed to cause a change, including a transfer or loss of control; or
  (2) The power is shared with another person.
(e) A power of a purchaser is not shared with another person under subsection (d)(2) of this section and the purchaser's power is not exclusive if:
  (1) The purchaser 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 purchaser; or
    (B) Is the transferor to the purchaser of an interest in the chattel paper.
(f) If a purchaser has the powers specified in subsection (c)(3)(A) and (B) of this section, the powers are presumed to be exclusive.
(g) A purchaser has control of an authoritative electronic copy of a record evidencing chattel paper if another person, other than the transferor to the purchaser of an interest in the chattel paper:
  (1) Has control of the authoritative electronic copy and acknowledges that it has control on behalf of the purchaser; or
  (2) Obtains control of the authoritative electronic copy after having acknowledged that it will obtain control of the electronic copy on behalf of the purchaser.
D.C. Code § 28-5207 — DC Code / Title 28 / Chapter 52 / § 28-5207
§ 28-5207. Presentation of price.
Status: in_force

(a) In any retail establishment in which the unit price information is provided in accordance with the provisions of this chapter, that information may be displayed by means of a sign that offers the unit price for one or more brands or sizes of a given commodity by means of a sticker, stamp, sign, label, or tag affixed to the shelf upon which the commodity is displayed, or by means of a sticker, stamp, sign, label, or tag affixed to the consumer commodity.
(b) Where a sign providing unit price information for one or more sizes or brands of a given commodity is used, that sign shall be displayed clearly and in a non-deceptive manner in a central location as close as practical to all items to which the sign refers.
(c) If a single sign or tag includes the unit price information for more than one brand or size of a given commodity, the following information shall be provided:
  (1) The identity and the brand name of the commodity.
  (2) The quantity of the packaged commodity; provided, that more than one package size per brand is displayed.
  (3) The total retail sales price.
  (4) The price per appropriate unit, in accordance with § 28-5206 .
D.C. Code § 28:9-309 — DC Code / Title 28 / Chapter  / § 28:9-309
§ 28:9-309. Security interest perfected upon attachment.
Status: in_force

The following security interests are perfected when they attach:
(1) A purchase-money security interest in consumer goods, except as otherwise provided in § 28:9-311(b) with respect to consumer goods that are subject to a statute or treaty described in § 28:9-311(a) ;
(2) An assignment of accounts or payment intangibles which does not by itself or in conjunction with other assignments to the same assignee transfer a significant part of the assignor’s outstanding accounts or payment intangibles;
(3) A sale of a payment intangible;
(4) A sale of a promissory note;
(5) A security interest created by the assignment of a health-care-insurance receivable to the provider of the health-care goods or services;
(6) A security interest arising under § 28:2-401 , 2-505, 2-711(3), or 2A-508(5), until the debtor obtains possession of the collateral;
(7) A security interest of a collecting bank arising under § 28:4-210 ;
(8) A security interest of an issuer or nominated person arising under § 28:5-118 ;
(9) A security interest arising in the delivery of a financial asset under § 28:9-206(c) ;
(10) A security interest in investment property created by a broker or securities intermediary;
(11) A security interest in a commodity contract or a commodity account created by a commodity intermediary;
(12) An assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder;
(13) A security interest created by an assignment of a beneficial interest in a decedent’s estate; and
(14) A sale by an individual of an account that is a right to payment of winnings in a lottery or other game of chance.
D.C. Code § 28:9-628 — DC Code / Title 28 / Chapter  / § 28:9-628
§ 28:9-628. Nonliability and limitation on liability of secured party; liability of secondary obligor.
Status: in_force

(a) Subject to subsection (f), unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:
  (1) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this article; and
  (2) The secured party’s failure to comply with this article does not affect the liability of the person for a deficiency.
(b) A secured party is not liable because of its status as secured 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.
(c) A secured party is not liable to any person, and a person’s liability for a deficiency is not affected, because of any act or omission arising out of the secured party’s reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party’s belief is based on its reasonable reliance on:
  (1) A debtor’s representation concerning the purpose for which collateral was to be used, acquired, or held; or
  (2) An obligor’s representation concerning the purpose for which a secured obligation was incurred.
(d) A secured party is not liable to any person under § 28:9-625(c)(2) for its failure to comply with § 28:9-616 .
(e) A secured party is not liable under § 28:9-625(c)(2) more than once with respect to any one secured obligation.
(f) Subsections (a) and (b) of this section do not apply to limit the liability of 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 (b)(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 § 28:9-306 — DC Code / Title 28 / Chapter  / § 28:9-306
§ 28:9-306. Law governing perfection and priority of security interests in letter-of-credit rights.
Status: in_force

(a) Subject to subsection (c), the local law of the issuer’s jurisdiction or a nominated person’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter-of-credit right if the issuer’s jurisdiction or nominated person’s jurisdiction is a State.
(b) For purposes of this part, an issuer’s jurisdiction or nominated person’s jurisdiction is the jurisdiction whose law governs the liability of the issuer or nominated person with respect to the letter-of-credit right as provided in § 28:5-116 .
(c) This section does not apply to a security interest that is perfected only under § 28:9-308(d) .
D.C. Code § 28:3-307 — DC Code / Title 28 / Chapter  / § 28:3-307
§ 28:3-307. Notice of breach of fiduciary duty.
Status: in_force

(a) In this section:
  (1) “Fiduciary” means an agent, trustee, partner, corporate officer, or director, or other representative owing a fiduciary duty with respect to an instrument.
  (2) “Represented person” means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph (1) of this subsection is owed.
(b) If (i) an instrument is taken from a fiduciary for payment or collection or for value, (ii) the taker has knowledge of the fiduciary status of the fiduciary, and (iii) the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply:
  (1) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person.
  (2) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is (i) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, (ii) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or (iii) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.
  (3) If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty.
  (4) If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is (i) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, (ii) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or (iii) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.
D.C. Code § 28:4-109 — DC Code / Title 28 / Chapter  / § 28:4-109
§ 28:4-109. Delays.
Status: in_force

(a) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by this article for a period not exceeding 2 additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.
(b) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this article or by instructions is excused if (i) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank, and (ii) the bank exercises such diligence as the circumstances require.
D.C. Code § 28-4522 — DC Code / Title 28 / Chapter 45A / § 28-4522
§ 28-4522. Prohibitions.
Status: in_force

(a) It shall be unlawful for any individual, corporation, joint stock company, business trust, partnership, business association, or other legal entity engaged in business within the District of Columbia, for the purpose of injuring competitors or destroying competition, to sell, offer for sale, or advertise for sale cigarettes for less than cost, either at retail or wholesale, or to give, offer to give, or advertise an intent to give away any cigarettes for the purpose of injuring competitors or destroying competition.
(b) Notwithstanding subsection (a) of this section and § 28-4521(2) , the presumptive wholesale markup of 2% may be reduced by 1/10 of 1% for the wholesale sale of cigarettes on a cash and carry basis.
D.C. Code § 28:8-503 — DC Code / Title 28 / Chapter  / § 28:8-503
§ 28:8-503. Property interest of entitlement holder in financial asset held by securities intermediary.
Status: in_force

(a) To the extent necessary for a securities intermediary to satisfy all security entitlements with respect to a particular financial asset, all interests in that financial asset held by the securities intermediary are held by the securities intermediary for the entitlement holders, are not property of the securities intermediary, and are not subject to claims of creditors of the securities intermediary, except as otherwise provided in § 28:8-511 .
(b) An entitlement holder’s property interest with respect to a particular financial asset under subsection (a) of this section is a pro rata property interest in all interests in that financial asset held by the securities intermediary, without regard to the time the entitlement holder acquired the security entitlement or the time the securities intermediary acquired the interest in that financial asset.
(c) An entitlement holder’s property interest with respect to a particular financial asset under subsection (a) of this section may be enforced against the securities intermediary only by exercise of the entitlement holder’s rights under §§ 28:8-505 through 28:8-508 .
(d) An entitlement holder’s property interest with respect to a particular financial asset under subsection (a) of this section may be enforced against a purchaser of the financial asset or interest therein only if:
  (1) Insolvency proceedings have been initiated by or against the securities intermediary;
  (2) The securities intermediary does not have sufficient interests in the financial asset to satisfy the security entitlements of all of its entitlement holders to that financial asset;
  (3) The securities intermediary violated its obligations under § 28:8-504 by transferring the financial asset or interest therein to the purchaser; and
  (4) The purchaser is not protected under subsection (f) of this section.
(e) The trustee or other liquidator, acting on behalf of all entitlement holders having security entitlements with respect to a particular financial asset, may recover the financial asset, or interest therein, from the purchaser. If the trustee or other liquidator elects not to pursue that right, an entitlement holder whose security entitlement remains unsatisfied has the right to recover its interest in the financial asset from the purchaser.
(f) An action based on the entitlement holder’s property interest with respect to a particular financial asset under subsection (a) of this section, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against any purchaser of a financial asset or interest therein who gives value, obtains control, and does not act in collusion with the securities intermediary in violating the securities intermediary’s obligations under § 28:8-504 .
D.C. Code § 28:4-204 — DC Code / Title 28 / Chapter  / § 28:4-204
§ 28:4-204. Methods of sending and presenting; sending directly to payor bank.
Status: in_force

(a) A collecting bank shall send items by a reasonably prompt method, taking into consideration relevant instructions,  the nature of the item, the number of those items on hand, the cost of collection involved, and the method generally used by it or others to present those items.
(b) A collecting bank may send:
  (1) An item directly to the payor bank;
  (2) An item to a nonbank payor if authorized by its transferor; and
  (3) An item other than documentary drafts to a nonbank payor, if authorized by Federal Reserve regulation or operating circular, clearing-house rule, or the like.
(c) Presentment may be made by a presenting bank at a place where the payor bank or other payor has requested that presentment be made.
D.C. Code § 28:9-202 — DC Code / Title 28 / Chapter  / § 28:9-202
§ 28:9-202. Title to collateral immaterial.
Status: in_force

Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this article with regard to rights and obligations apply whether title to collateral is in the secured party or the debtor.
D.C. Code § 28-4504 — DC Code / Title 28 / Chapter 45 / § 28-4504
§ 28-4504. Exclusions.
Status: in_force

(a) Labor of a human being is not a commodity or an article of commerce. Nothing contained in this chapter shall be construed to forbid the existence and operation of labor, agricultural or horticultural organizations, instituted for the purpose of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade.
(b) This chapter does not make illegal the activity of:
  (1) any non-profit corporation, trust, or organization established exclusively for religious, charitable, literary, or educational purposes to the extent that the activity is religious, charitable, literary, or educational; or
  (2) the Washington Metropolitan Area Transit Authority.
D.C. Code § 28:5-116 — DC Code / Title 28 / Chapter  / § 28:5-116
§ 28:5-116. Choice of law and forum.
Status: in_force

(a) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed by the affected parties or by a provision in the person’s letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction.
(b) Unless subsection (a) of this section applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person’s undertaking. If more than one address is indicated, the person is considered to be located at the address from which the person’s undertaking was issued.
(b-1) For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under subsection (b-2) of this section.
(b-2) A branch of a bank is considered to be located at the address indicated in the branch's undertaking. If more than one address is indicated, the branch is considered to be located at the address from which the undertaking was issued.
(c) Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject. If (i) this article would govern the liability of an issuer, nominated person, or adviser under subsection (a) or (b) of this section, (ii) the relevant undertaking incorporates rules of custom or practice, and (iii) there is conflict between this article and those rules as applied to that undertaking, those rules govern except to the extent of any conflict with the nonvariable provisions specified in § 28:5-103(c) .
(d) If there is conflict between this article and Article 3, 4, 4A, or 9, this article governs.
(e) The forum for settling disputes arising out of an undertaking within this article may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (a) of this section.
D.C. Code § 28:4A-203 — DC Code / Title 28 / Chapter  / § 28:4A-203
§ 28:4A-203. Unenforceability of certain verified payment orders.
Status: in_force

(a) If an accepted payment order is not, under § 28:4A-202(a) , an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to § 28:4A-202(b) , the following rules apply:
  (1) By express agreement evidenced by a record, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order.
  (2) The receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was not caused, directly or indirectly, by a person (i) entrusted at any time with duties to act for the customer with respect to payment orders or the security procedure, or (ii) who obtained access to transmitting facilities of the customer or who obtained, from a source controlled by the customer and without authority of the receiving bank, information facilitating breach of the security procedure, regardless of how the information was obtained or whether the customer was at fault. Information includes any access device, computer software, or the like.
(b) This section applies to amendments of payment orders to the same extent it applies to payment orders.
D.C. Code § 28:2-504 — DC Code / Title 28 / Chapter  / § 28:2-504
§ 28:2-504. Shipment by seller.
Status: in_force

Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must
(a) put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and
(b) obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and
(c) promptly notify the buyer of the shipment. Failure to notify the buyer under paragraph (c) or to make a proper contract under paragraph (a) is a ground for rejection only if material delay or loss ensues.
D.C. Code § 28:9-107A — DC Code / Title 28 / Chapter  / § 28:9-107A
§ 28:9-107A. Control of controllable electronic record, controllable account, or controllable payment intangible.
Status: in_force

(a) A secured party has control of a controllable electronic record as provided in § 28:12-105 .
(b) A secured party has control of a controllable account or controllable payment intangible if the secured party has control of the controllable electronic record that evidences the controllable account or controllable payment intangible.
D.C. Code § 28:4A-403 — DC Code / Title 28 / Chapter  / § 28:4A-403
§ 28:4A-403. Payment by sender to receiving bank.
Status: in_force

(a) Payment of the sender’s obligation under § 28:4A-402 to pay the receiving bank occurs as follows:
  (1) If the sender is a bank, payment occurs when the receiving bank receives final settlement of the obligation through a Federal Reserve Bank or through a funds-transfer system.
  (2) If the sender is a bank and the sender (i) credited an account of the receiving bank with the sender, or (ii) caused an account of the receiving bank in another bank to be credited, payment occurs when the credit is withdrawn or, if not withdrawn, at midnight of the day on which the credit is withdrawable and the receiving bank learns of that fact.
  (3) If the receiving bank debits an account of the sender with the receiving bank, payment occurs when the debit is made to the extent the debit is covered by a withdrawable credit balance in the account.
(b) If the sender and receiving bank are members of a funds-transfer system that nets obligations multilaterally among participants, the receiving bank receives final settlement when settlement is complete in accordance with the rules of the system. The obligation of the sender to pay the amount of a payment order transmitted through the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against the sender’s obligation the right of the sender to receive payment from the receiving bank of the amount of any other payment order transmitted to the sender by the receiving bank through the funds-transfer system. The aggregate balance of obligations owed by each sender to each receiving bank in the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against that balance the aggregate balance of obligations owed to the sender by other members of the system. The aggregate balance is determined after the right of setoff stated in the second sentence of this subsection has been exercised.
(c) If two banks transmit payment orders to each other under an agreement that settlement of the obligations of each bank to the other under § 28:4A-402 will be made at the end of the day or other period, the total amount owed with respect to all orders transmitted by one bank shall be set off against the total amount owed with respect to all orders transmitted by the other bank. To the extent of the setoff, each bank has made payment to the other.
(d) In a case not covered by subsection (a) of this section, the time when payment of the sender’s obligation under §§ 28:4A-402(b) or 28:4A-402(c) occurs is governed by applicable principles of law that determine when an obligation is satisfied.
D.C. Code § 28:3-110 — DC Code / Title 28 / Chapter  / § 28:3-110
§ 28:3-110. Identification of person to whom instrument is payable.
Status: in_force

(a) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers.
(b) If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so.
(c) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office, or account number. For the purpose of determining the holder of an instrument, the following rules apply:
  (1) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number.
  (2) If an instrument is payable to:
    (A) A trust, an estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named;
    (B) A person described as agent or similar representative of a named or identified person, the instrument is payable to the represented person, the representative, or a successor of the representative;
    (C) A fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization; or
    (D) An office or to a person described as holding an office, the instrument is payable to the named person, the incumbent of the office, or a successor to the incumbent.
(d) If an instrument is payable to 2 or more persons alternatively, it is payable to any of them and may be negotiated, discharged, or enforced by any or all of them in possession of the instrument. If an instrument is payable to 2 or more persons not alternatively, it is payable to all of them and may be negotiated, discharged, or enforced only by all of them. If an instrument payable to 2 or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively.
D.C. Code § 28:4A-204 — DC Code / Title 28 / Chapter  / § 28:4A-204
§ 28:4A-204. Refund of payment and duty of customer to report with respect to unauthorized payment order.
Status: in_force

(a) If a receiving bank accepts a payment order issued in the name of its customer as sender which is (i) not authorized and not effective as the order of the customer under § 28:4A-202 , or (ii) not enforceable, in whole or in part, against the customer under § 28:4A-203 , the bank shall refund any payment of the payment order received from the customer to the extent the bank is not entitled to enforce payment and shall pay interest on the refundable amount calculated from the date the bank received payment to the date of the refund. However, the customer is not entitled to interest from the bank on the amount to be refunded if the customer fails to exercise ordinary care to determine that the order was not authorized by the customer and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days after the date the customer received notification from the bank that the order was accepted or that the customer’s account was debited with respect to the order. The bank is not entitled to any recovery from the customer on account of a failure by the customer to give notification as stated in this section.
(b) Reasonable time under subsection (a) of this section may be fixed by agreement as stated in § 28:1-302(b) , but the obligation of a receiving bank to refund payment as stated in subsection (a) of this section may not otherwise be varied by agreement.
D.C. Code § 28:1-305 — DC Code / Title 28 / Chapter  / § 28:1-305
§ 28:1-305. Remedies to be liberally administered.
Status: in_force

(a) The remedies provided by this subtitle must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed, but neither consequential or special damages nor penal damages may be awarded except as specifically provided in this subtitle or by other rule of law.
(b) Any right or obligation declared by this subtitle is enforceable by action unless the provision declaring it specifies a different and limited effect.
D.C. Code § 28:2-310 — DC Code / Title 28 / Chapter  / § 28:2-310
§ 28:2-310. Open time for payment or running of credit; authority to ship under reservation.
Status: in_force

Unless otherwise agreed:
(a) payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; and
(b) if the seller is authorized to send the goods he may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract (section 28:2-513); and
(c) if delivery is authorized and made by way of documents of title otherwise than by subsection (b) of this section then payment is due regardless of where the goods are to be received at the time and place at which the buyer is to receive delivery of the tangible documents or at the time the buyer is to receive delivery of the electronic documents and at the seller’s place of business or if none, the seller’s residence; and
(d) where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but post-dating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period.
D.C. Code § 28:1-102 — DC Code / Title 28 / Chapter  / § 28:1-102
§ 28:1-102. Scope of article.
Status: in_force

This article applies to a transaction to the extent that it is governed by another article of this subtitle.
D.C. Code § 28:2-501 — DC Code / Title 28 / Chapter  / § 28:2-501
§ 28:2-501. Insurable interest in goods; manner of identification of goods.
Status: in_force

(1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are non-conforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs
  (a) when the contract is made if it is for the sale of goods already existing and identified;
  (b) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers;
  (c) when the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within twelve months after contracting or for the sale of crops to be harvested within twelve months or the next normal harvest season after contracting whichever is longer.
(2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.
(3) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.
D.C. Code § 28:2-719 — DC Code / Title 28 / Chapter  / § 28:2-719
§ 28:2-719. Contractual modification or limitation of remedy.
Status: in_force

(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages,
  (a) the agreement may provide for remedies in addition to or in substitution for those provided in this article and may limit or alter the measure of damages recoverable under this article, as by limiting the buyer’s remedies to return of the goods and repayment of the price or to repair and replacement of non-conforming goods or parts; and
  (b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.
(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this subtitle.
(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.
D.C. Code § 28:7-402 — DC Code / Title 28 / Chapter  / § 28:7-402
§ 28:7-402. Duplicate document of title; overissue.
Status: in_force

A duplicate or any other document of title purporting to cover goods already represented by an outstanding document of the same issuer does not confer any right in the goods, except as provided in the case of tangible bills of lading in a set of parts, overissue of documents for fungible goods, substitutes for lost, stolen, or destroyed documents, or substitute documents issued pursuant to § 28:7-105 . The issuer is liable for damages caused by its overissue or failure to identify a duplicate document by a conspicuous notation.
D.C. Code § 28:2-326 — DC Code / Title 28 / Chapter  / § 28:2-326
§ 28:2-326. Sale on approval and sale or return; rights of creditors.
Status: in_force

(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is
  (a) a “sale on approval” if the goods are delivered primarily for use, and
  (b) a “sale or return” if the goods are delivered primarily for resale.
(2) Goods held on approval are not subject to the claims of the buyer’s creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer’s possession.
(3) Repealed.
(4) Any “or return” term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this article (section 28:2-201) and as contradicting the sale aspect of the contract within the provisions of this article on parol or extrinsic evidence (section 28:2-202).
D.C. Code § 28:3-305 — DC Code / Title 28 / Chapter  / § 28:3-305
§ 28:3-305. Defenses and claims in recoupment.
Status: in_force

(a) Except as otherwise provided in this section, the right to enforce the obligation of a party to pay an instrument is subject to the following:
  (1) A defense of the obligor based on (i) infancy of the obligor to the extent it is a defense to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings;
  (2) A defense of the obligor stated in another section of this article or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and
  (3) A claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought.
(b) The right of a holder in due course to enforce the obligation of a party to pay the instrument is subject to defenses of the obligor stated in subsection (a)(1) of this section, but is not subject to defenses of the obligor stated in subsection (a)(2) of this section or claims in recoupment stated in subsection (a)(3) of this section against a person other than the holder.
(c) Except as stated in subsection (d) of this section, in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against the person entitled to enforce the instrument a defense, claim in recoupment, or claim to the instrument (section 28:3-306) of another person, but the other person’s claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the instrument. An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.
(d) In an action to enforce the obligation of an accommodation party to pay an instrument, the accommodation party may assert against the person entitled to enforce the instrument any defense or claim in recoupment under subsection (a) of this section that the accommodated party could assert against the person entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy, and lack of legal capacity.
(e) In a consumer transaction, if law other than this article requires that an instrument include a statement to the effect that the rights of a holder or transferee are subject to a claim or defense that the issuer could assert against the original payee, and the instrument does not include such a statement:
  (1) The instrument has the same effect as if the instrument included such a statement;
  (2) The issuer may assert against the holder or transferee all claims and defenses that would have been available if the instrument included such a statement; and
  (3) The extent to which claims may be asserted against the holder or transferee is determined as if the instrument included such a statement.
(f) This section is subject to law other than this article that establishes a different rule for consumer transactions.
D.C. Code § 28:9-204 — DC Code / Title 28 / Chapter  / § 28:9-204
§ 28:9-204. After-acquired property; future advances.
Status: in_force

(a) Except as otherwise provided in subsection (b), a security agreement may create or provide for a security interest in after-acquired collateral.
(b) Subject to subsection (b-1) of this section, a security interest does not attach under a term constituting an after-acquired property clause to:
  (1) Consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within 10 days after the secured party gives value; or
  (2) A commercial tort claim.
(c) A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory  notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to  commitment.
(b-1) Subsection (b) of this section does not prevent a security interest from attaching:
  (1) To consumer goods as proceeds under § 28:9-315(a) or commingled goods under § 28:9-336(c) ;
  (2) To a commercial tort claim as proceeds under § 28:9-315(a) ; or
  (3) Under an after-acquired property clause to property that is proceeds of consumer goods or a commercial tort claim.
D.C. Code § 28:7-201 — DC Code / Title 28 / Chapter  / § 28:7-201
§ 28:7-201. Person that may issue a warehouse receipt; storage under bond.
Status: in_force

(a) A warehouse receipt may be issued by any warehouse.
(b) If goods, including distilled spirits and agricultural commodities, are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse receipts, a receipt issued for the goods is deemed to be a warehouse receipt even if issued by a person that is the owner of the goods and is not a warehouse.
D.C. Code § 28:9-106 — DC Code / Title 28 / Chapter  / § 28:9-106
§ 28:9-106. Control of investment property.
Status: in_force

(a) A person has control of a certificated security, uncertificated security, or security entitlement as provided in § 28:8-106 .
(b) A secured party has control of a commodity contract if:
  (1) The secured party is the commodity intermediary with which the commodity contract is carried; or
  (2) The commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer.
(c) A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account.
D.C. Code § 28:9-328 — DC Code / Title 28 / Chapter  / § 28:9-328
§ 28:9-328. Priority of security interests in investment property.
Status: in_force

The following rules govern priority among conflicting security interests in the same investment property.
(1) A security interest held by a secured party having control of investment property under § 28:9-106 has priority over a security interest held by a secured party that does not have control of the investment property.
(2) Except as otherwise provided in paragraphs (3) and (4), conflicting security interests held by secured parties, each of which has control under § 28:9-106 , rank according to priority in time of:
  (A) If the collateral is a security, obtaining control;
  (B) If the collateral is a security entitlement carried in a securities account and:
    (i) If the secured party obtained control under § 28:8-106(d)(1) , the secured party’s becoming the person for which the securities account is maintained;
    (ii) If the secured party obtained control under § 28:8-106(d)(2) , the securities intermediary’s agreement to comply with the secured party’s entitlement orders with respect to security entitlements carried or to be carried in the securities account; or
    (iii) If the secured party obtained control through another person under § 28:8-106(d)(3) , the time on which priority would be based under this paragraph if the other person were the secured party; or
  (C) If the collateral is a commodity contract carried with a commodity intermediary, the satisfaction of the requirement for control specified in § 28:9-106(b)(2) with respect to commodity contracts carried or to be carried with the commodity intermediary.
(3) A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party.
(4) A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party.
(5) A security interest in a certificated security in registered form which is perfected by taking delivery under § 28:9-313(a) and not by control under § 28:9-314 has priority over a conflicting security interest perfected by a method other than control.
(6) Conflicting security interests created by a broker, securities intermediary, or commodity intermediary which are perfected without control under § 28:9-106 rank equally.
(7) In all other cases, priority among conflicting security interests in investment property is governed by §§ 28:9-322 and 28:9-323 .
D.C. Code § 28:11-105 — DC Code / Title 28 / Chapter  / § 28:11-105
§ 28:11-105. Transition provision on change of place of filing.
Status: in_force

(1) A financing statement or continuation statement filed prior to the effective date of this act (as provided in section 28:11-101) which shall not have lapsed prior to such effective date of this act shall remain effective for the period provided for in article 9 of this subtitle, effective January 1, 1965, but not less than five years after the filing.
(2) With respect to any collateral acquired by the debtor subsequent to the effective date of this act (as provided in section 28:11-101), any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under this act.
(3) The effectiveness of any financing statement or continuation statement filed prior to the effective date of this act (as provided in section 28:11-101) may be continued by a continuation statement as permitted by this act except that if this act requires a filing in an office where there was no previous financing statement, a new financing statement conforming to section 28:11-106 shall be filed in that office.
(4) If the record of a mortgage of real estate would have been effective as a fixture filing of goods described therein if this act had been in effect on the date of recording the mortgage, the mortgage shall be deemed effective as a fixture filing as to such goods under section 28:9-402 (6) of this act on the effective date of this act (as provided in section 28:11-101).
D.C. Code § 28-4806.02 — DC Code / Title 28 / Chapter 48 / § 28-4806.02
§ 28-4806.02. Application of chapter to existing trusts and estates.
Status: in_force

This chapter applies to every trust or decedent’s estate existing on the effective date of this chapter [April 27, 2001] except as otherwise expressly provided in the will or terms of the trust or in this chapter.
D.C. Code § 28:2A-211 — DC Code / Title 28 / Chapter  / § 28:2A-211
§ 28:2A-211. Warranties against interference and against infringement; lessee’s obligation against infringement.
Status: in_force

(a) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, which will interfere with the lessee’s enjoyment of its leasehold interest.
(b) Except in a finance lease there is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like.
(c) A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications.
D.C. Code § 28-3105 — DC Code / Title 28 / Chapter 31 / § 28-3105
§ 28-3105. Transfers fraudulent as to present creditors.
Status: in_force

(a) A transfer made, or obligation incurred, by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
D.C. Code § 28:3-403 — DC Code / Title 28 / Chapter  / § 28:3-403
§ 28:3-403. Unauthorized signature.
Status: in_force

(a) Unless otherwise provided in this article or Article 4, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this article.
(b) If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking.
(c) The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this article which makes the unauthorized signature effective for the purposes of this article.
D.C. Code § 28-2962 — DC Code / Title 28 / Chapter 29A / § 28-2962
§ 28-2962. Term and termination.
Status: in_force

(a) Unless otherwise provided in the account agreement, a special deposit terminates 5 years after the date the special deposit was first funded.
(b) Unless otherwise provided in the account agreement, if the bank cannot identify or locate a beneficiary entitled to payment when the special deposit is terminated, and a balance remains in the special deposit, the bank shall pay the balance to the depositor or depositors as a beneficiary or beneficiaries.
(c) A bank that pays the remaining balance as provided under subsection (b) of this section has no further obligation with respect to the special deposit.
D.C. Code § 28:3-205 — DC Code / Title 28 / Chapter  / § 28:3-205
§ 28:3-205. Special indorsement; blank indorsement; anomalous indorsement.
Status: in_force

(a) If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a “special indorsement”. When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person. The principles stated in section 28:3-110 apply to special indorsements.
(b) If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a “blank indorsement”.  When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.
(c) The holder may convert a blank indorsement that consists only of a signature into a special indorsement by writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable.
(d) “Anomalous indorsement” means an indorsement made by a person who is not the holder of the instrument. An anomalous indorsement does not affect the manner in which the instrument may be negotiated.
D.C. Code § 28:3-419 — DC Code / Title 28 / Chapter  / § 28:3-419
§ 28:3-419. Instruments signed for accommodation.
Status: in_force

(a) If an instrument is issued for value given for the benefit of a party to the instrument (“accommodated party”) and another party to the instrument (“accommodation party”) signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party “for accommodation”.
(b) An accommodation party may sign the instrument as maker, drawer, acceptor, or indorser and, subject to subsection (d) of this section, is obliged to pay the instrument in the capacity in which the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not the accommodation party receives consideration for the accommodation.
(c) A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous indorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided in section 28:3-605, the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation.
(d) If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if (i) execution of judgment against the other party has been returned unsatisfied, (ii) the other party is insolvent or in an insolvency proceeding, (iii) the other party cannot be served with process, or (iv) it is otherwise apparent that payment cannot be obtained from the other party.
(d-1) If the signature of a party to an instrument is accompanied by words indicating that the party guarantees payment or the signer signs the instrument as an accommodation party in some other manner that does not unambiguously indicate an intention to guarantee collection rather than payment, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument in the same circumstances as the accommodated party would be obliged, without prior resort to the accommodated party by the person entitled to enforce the instrument.
(e) An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. In proper circumstances, an accommodation party may obtain relief that requires the accommodated party to perform its obligations on the instrument. An accommodated party that pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party.
D.C. Code § 28:2A-520 — DC Code / Title 28 / Chapter  / § 28:2A-520
§ 28:2A-520. Lessee’s incidental and consequential damages.
Status: in_force

(a) Incidental damages resulting from a lessor’s default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover, and any other reasonable expense incident to the default.
(b) Consequential damages resulting from a lessor’s default include:
  (1) Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
  (2) Injury to person or property proximately resulting from any breach of warranty.
D.C. Code § 28:9-622 — DC Code / Title 28 / Chapter  / § 28:9-622
§ 28:9-622. Effect of acceptance of collateral.
Status: in_force

(a) A secured party’s acceptance of collateral in full or partial satisfaction of the obligation it secures:
  (1) Discharges the obligation to the extent consented to by the debtor;
  (2) Transfers to the secured party all of a debtor’s rights in the collateral;
  (3) Discharges the security interest or agricultural lien that is the subject of the debtor’s consent and any subordinate security interest or other subordinate lien; and
  (4) Terminates any other subordinate interest.
(b) A subordinate interest is discharged or terminated under subsection (a), even if the secured party fails to comply with this article.
D.C. Code § 28:2-508 — DC Code / Title 28 / Chapter  / § 28:2-508
§ 28:2-508. Cure by seller of improper tender or delivery; replacement.
Status: in_force

(1) Where any tender or delivery by the seller is rejected because non-conforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery.
(2) Where the buyer rejects a non-conforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.
D.C. Code § 28:3-109 — DC Code / Title 28 / Chapter  / § 28:3-109
§ 28:3-109. Payable to bearer or to order.
Status: in_force

(a) A promise or order is payable to bearer if it:
  (1) States that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment;
  (2) Does not state a payee; or
  (3) States that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.
(b) A promise or order that is not payable to bearer is payable to order if it is payable to the order of an identified person or to an identified person or order. A promise or order that is payable to order is payable to the identified person.
(c) An instrument payable to bearer may become payable to an identified person if it is specially indorsed pursuant to section 28:3-205(a). An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to section 28:3-205(b).
D.C. Code § 28:2A-306 — DC Code / Title 28 / Chapter  / § 28:2A-306
§ 28:2A-306. Priority of certain liens arising by operation of law.
Status: in_force

If a person in the ordinary course of his or her business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or this article unless the lien is created by statute and the statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise.
D.C. Code § 28:4A-504 — DC Code / Title 28 / Chapter  / § 28:4A-504
§ 28:4A-504. Order in which items and payment orders may be charged to account; order of withdrawals from account.
Status: in_force

(a) If a receiving bank has received more than one payment order of the sender or one or more payment orders and other items that are payable from the sender’s account, the bank may charge the sender’s account with respect to the various orders and items in any sequence.
(b) In determining whether a credit to an account has been withdrawn by the holder of the account or applied to a debt of the holder of the account, credits first made to the account are first withdrawn or applied.
D.C. Code § 28-4201 — DC Code / Title 28 / Chapter 42 / § 28-4201
§ 28-4201. Proficiency requirement.
Status: in_force

(a) No person or company shall conduct or offer to conduct radon screening, testing, or mitigation in the District for a fee unless the person who performs the service has been:
  (1) Listed as proficient by the Environmental Protection Agency to offer radon screening, testing, or mitigation services; or
  (2) Has received a certificate of proficiency from an organization approved by the Mayor to offer radon screening, testing, or mitigation services.
(b) The Mayor shall maintain, revise as necessary, and make available to the public a list of persons or companies who have been listed as proficient by the United States Environmental Protection Agency to offer screening, testing, or mitigation for radon.
D.C. Code § 28:3-605 — DC Code / Title 28 / Chapter  / § 28:3-605
§ 28:3-605. Discharge of secondary obligors.
Status: in_force

(a) If a person entitled to enforce an instrument releases the obligation of a principal obligor in whole or in part, and another party to the instrument is a secondary obligor with respect to the obligation of that principal obligor, the following rules apply:
  (1) Any obligations of the principal obligor to the secondary obligor with respect to any previous payment by the secondary obligor are not affected. Unless the terms of the release preserve the secondary obligor’s recourse, the principal obligor is discharged, to the extent of the release, from any other duties to the secondary obligor under this article.
  (2) Unless the terms of the release provide that the person entitled to enforce the instrument retains the right to enforce the instrument against the secondary obligor, the secondary obligor is discharged to the same extent as the principal obligor from any unperformed portion of its obligation on the instrument. If the instrument is a check and the obligation of the secondary obligor is based on an indorsement of the check, the secondary obligor is discharged without regard to the language or circumstances of the discharge or other release.
  (3) If the secondary obligor is not discharged under paragraph (2) of this subsection, the secondary obligor is discharged to the extent of the value of the consideration for the release, and to the extent that the release would otherwise cause the secondary obligor a loss.
(b) If a person entitled to enforce an instrument grants a principal obligor an extension of the time at which one or more payments are due on the instrument and another party to the instrument is a secondary obligor with respect to the obligation of that principal obligor, the following rules apply:
  (1) Any obligations of the principal obligor to the secondary obligor with respect to any previous payment by the secondary obligor are not affected. Unless the terms of the extension preserve the secondary obligor’s recourse, the extension correspondingly extends the time for performance of any other duties owed to the secondary obligor by the principal obligor under this article.
  (2) The secondary obligor is discharged to the extent that the extension would otherwise cause the secondary obligor a loss.
  (3) To the extent that the secondary obligor is not discharged under paragraph (2) of this subsection, the secondary obligor may:
    (A) Perform its obligations to a person entitled to enforce the instrument as if the time for payment had not been extended; or
    (B) Treat the time for performance of its obligations as having been extended correspondingly; except, that the time may not be treated as having been extended correspondingly if the terms of the extension permit the person entitled to enforce the instrument to retain the right to enforce the instrument against the secondary obligor as if the time for payment had not been extended.
(c) If a person entitled to enforce an instrument agrees, with or without consideration, to a modification of the obligation of a principal obligor other than a complete or partial release or an extension of the due date and another party to the instrument is a secondary obligor with respect to the obligation of that principal obligor, the following rules apply:
  (1) Any obligations of the principal obligor to the secondary obligor with respect to any previous payment by the secondary obligor are not affected. The modification correspondingly modifies any other duties owed to the secondary obligor by the principal obligor under this article.
  (2) The secondary obligor is discharged from any unperformed portion of its obligation to the extent that the modification would otherwise cause the secondary obligor a loss.
  (3) To the extent that the secondary obligor is not discharged under paragraph (2) of this subsection, the secondary obligor may satisfy its obligation on the instrument as if the modification had not occurred, or treat its obligation on the instrument as having been modified correspondingly.
(d) If the obligation of a principal obligor is secured by an interest in collateral, another party to the instrument is a secondary obligor with respect to that obligation, and a person entitled to enforce the instrument impairs the value of the interest in collateral, the obligation of the secondary obligor is discharged to the extent of the impairment. The value of an interest in collateral is impaired to the extent the value of the interest is reduced to an amount less than the amount of the recourse of the secondary obligor, or the reduction in value of the interest causes an increase in the amount by which the amount of the recourse exceeds the value of the interest. For purposes of this subsection, impairing the value of an interest in collateral includes failure to obtain or maintain perfection or recordation of the interest in collateral, release of collateral without substitution of collateral of equal value or equivalent reduction of the underlying obligation, failure to perform a duty to preserve the value of collateral owed under Article 9 or other law to a debtor or other person secondarily liable, and failure to comply with applicable law in disposing of or otherwise enforcing the interest in collateral.
(e) A secondary obligor is not discharged under subsection (a)(3), (b), (c), or (d) of this section unless the person entitled to enforce the instrument knows that the person is a secondary obligor or has notice under § 28:3-419(c) that the instrument was signed for accommodation.
(f) A secondary obligor is not discharged under this section if the secondary obligor consents to the event or conduct that is the basis of the discharge, or the instrument or a separate agreement of the party provides for waiver of discharge under this section specifically or by general language indicating that parties waive defenses based on suretyship or impairment of collateral. Unless the circumstances indicate otherwise, consent by the principal obligor to an act that would lead to a discharge under this section constitutes consent to that act by the secondary obligor if the secondary obligor controls the principal obligor or deals with the person entitled to enforce the instrument on behalf of the principal obligor.
(g) A release or extension preserves a secondary obligor’s recourse if the terms of the release or extension provide that:
  (1) The person entitled to enforce the instrument retains the right to enforce the instrument against the secondary obligor; and
  (2) The recourse of the secondary obligor continues as if the release or extension had not been granted.
(h) Except as otherwise provided in subsection (i) of this section, a secondary obligor asserting discharge under this section has the burden of persuasion both with respect to the occurrence of the acts alleged to harm the secondary obligor and loss or prejudice caused by those acts.
(i) If the secondary obligor demonstrates prejudice caused by an impairment of its recourse, and the circumstances of the case indicate that the amount of loss is not reasonably susceptible of calculation or requires proof of facts that are not ascertainable, it is presumed that the act impairing recourse caused a loss or impairment equal to the liability of the secondary obligor on the instrument. In that event, the burden of persuasion as to any lesser amount of the loss is on the person entitled to enforce the instrument.
D.C. Code § 28:2-309 — DC Code / Title 28 / Chapter  / § 28:2-309
§ 28:2-309. Absence of specific time provisions; notice of termination.
Status: in_force

(1) The time for shipment or delivery or any other action under a contract if not provided in this article or agreed upon shall be a reasonable time.
(2) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party.
(3) Termination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable.
D.C. Code § 28:4A-405 — DC Code / Title 28 / Chapter  / § 28:4A-405
§ 28:4A-405. Payment by beneficiary’s bank to beneficiary.
Status: in_force

(a) If the beneficiary’s bank credits an account of the beneficiary of a payment order, payment of the bank’s obligation under § 28:4A-404(a) occurs when and to the extent (i) the beneficiary is notified of the right to withdraw the credit, (ii) the bank lawfully applies the credit to a debt of the beneficiary, or (iii) funds with respect to the order are otherwise made available to the beneficiary by the bank.
(b) If the beneficiary’s bank does not credit an account of the beneficiary of a payment order, the time when payment of the bank’s obligation under § 28:4A-404(a) occurs is governed by principles of law that determine when an obligation is satisfied.
(c) Except as stated in subsections (d) and (e) of this section, if the beneficiary’s bank pays the beneficiary of a payment order under a condition to payment or agreement of the beneficiary giving the bank the right to recover payment from the beneficiary if the bank does not receive payment of the order, the condition to payment or agreement is not enforceable.
(d) A funds-transfer system rule may provide that payments made to beneficiaries of funds transfers made through the system are provisional until receipt of payment by the beneficiary’s bank of the payment order it accepted. A beneficiary’s bank that makes a payment that is provisional under the rule is entitled to refund from the beneficiary if (i) the rule requires that both the beneficiary and the originator be given notice of the provisional nature of the payment before the funds transfer is initiated, (ii) the beneficiary, the beneficiary’s bank and the originator’s bank agreed to be bound by the rule, and (iii) the beneficiary’s bank did not receive payment of the payment order that it accepted. If the beneficiary is obliged to refund payment to the beneficiary’s bank, acceptance of the payment order by the beneficiary’s bank is nullified and no payment by the originator of the funds transfer to the beneficiary occurs under § 28:4A-406 .
(e) This subsection applies to a funds transfer that includes a payment order transmitted over a funds-transfer system that (i) nets obligations multilaterally among participants, and (ii) has in effect a loss-sharing agreement among participants for the purpose of providing funds necessary to complete settlement of the obligations of one or more participants that do not meet their settlement obligations. If the beneficiary’s bank in the funds transfer accepts a payment order and the system fails to complete settlement pursuant to its rules with respect to any payment order in the funds transfer, (i) the acceptance by the beneficiary’s bank is nullified and no person has any right or obligation based on the acceptance, (ii) the beneficiary’s bank is entitled to recover payment from the beneficiary, (iii) no payment by the originator to the beneficiary occurs under § 28:4A-406 , and (iv) subject to § 28:4A-402(e) , each sender in the funds transfer is excused from its obligation to pay its payment order under § 28:4A-402(c) because the funds transfer has not been completed.
D.C. Code § 28:8-109 — DC Code / Title 28 / Chapter  / § 28:8-109
§ 28:8-109. Warranties in indirect holding.
Status: in_force

(a) A person who originates an entitlement order to a securities intermediary warrants to the securities intermediary that:
  (1) The entitlement order is made by an appropriate person, or if the entitlement order is by an agent, the agent has actual authority to act on behalf of the appropriate person; and
  (2) There is no adverse claim to the security entitlement.
(b) A person who delivers a security certificate to a securities intermediary for credit to a securities account or originates an instruction with respect to an uncertificated security directing that the uncertificated security be credited to a securities account makes to the securities intermediary the warranties specified in § 28:8-108(a) or (b).
(c) If a securities intermediary delivers a security certificate to its entitlement holder or causes its entitlement holder to be registered as the owner of an uncertificated security, the securities intermediary makes to the entitlement holder the warranties specified in § 28:8-108(a) or (b).
D.C. Code § 28:2-724 — DC Code / Title 28 / Chapter  / § 28:2-724
§ 28:2-724. Admissibility of market quotations.
Status: in_force

Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.
D.C. Code § 28-4907 — DC Code / Title 28 / Chapter 49 / § 28-4907
§ 28-4907. Provision of information in writing; presentation of records.
Status: in_force

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record (1) to be posted or displayed in a certain manner, (2) to be sent, communicated, or transmitted by a specified method, or (3) to contain information that is formatted in a certain manner, the following rules apply:
  (A) The record must be posted or displayed in the manner specified in the other law.
  (B) Except as otherwise provided in subsection (d)(2) of this section, the record must be sent, communicated, or transmitted by the method specified in the other law.
  (C) The record must contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but:
  (1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
  (2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid, may be varied by agreement to the extent permitted by the other law.
D.C. Code § 28:7-202 — DC Code / Title 28 / Chapter  / § 28:7-202
§ 28:7-202. Form of warehouse receipt; effect of omission.
Status: in_force

(a) A warehouse receipt need not be in any particular form.
(b) Unless a warehouse receipt provides for each of the following, the warehouse is liable for damages caused to a person injured by its omission:
  (1) A statement of the location of the warehouse facility where the goods are stored;
  (2) The date of issue of the receipt;
  (3) The unique identification code of the receipt;
  (4) A statement whether the goods received will be delivered to the bearer, to a named person, or to its order;
  (5) The rate of storage and handling charges, unless goods are stored under a field warehousing arrangement, in which case a statement of that fact is sufficient on a nonnegotiable receipt;
  (6) A description of the goods or the packages containing them;
  (7) The signature of the warehouse or its agent;
  (8) If the receipt is issued for goods that the warehouse owns, either solely, jointly, or in common with others, a statement of the fact of that ownership; and
  (9) A statement of the amount of advances made and of liabilities incurred for which the warehouse claims a lien or security interest, unless the precise amount of advances made or liabilities incurred, at the time of the issue of the receipt, is unknown to the warehouse or to its agent that issued the receipt, in which case a statement of the fact that advances have been made or liabilities incurred and the purpose of the advances or liabilities is sufficient.
(c) A warehouse may insert in its receipt any terms that are not contrary to this subtitle and do not impair its obligation of delivery under § 28:7-403 or its duty of care under § 28:7-204 . Any contrary provision is ineffective.
D.C. Code § 28:9-708 — DC Code / Title 28 / Chapter  / § 28:9-708
§ 28:9-708. Persons 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:
(1) The secured party of record authorizes the filing; and
(2) The filing is necessary under this part:
  (A) To continue the effectiveness of a financing statement filed before July 1, 2001; or
  (B) To perfect or continue the perfection of a security interest.
D.C. Code § 28:7-501 — DC Code / Title 28 / Chapter  / § 28:7-501
§ 28:7-501. Form of negotiation and requirements of due negotiation.
Status: in_force

(a) The following rules apply to a negotiable tangible document of title:
  (1) If the document’s original terms run to the order of a named person, the document is negotiated by the named person’s indorsement and delivery. After the named person’s indorsement in blank or to bearer, any person may negotiate the document by delivery alone.
  (2) If the document’s original terms run to bearer, it is negotiated by delivery alone.
  (3) If the document’s original terms run to the order of a named person and it is delivered to the named person, the effect is the same as if the document had been negotiated.
  (4) Negotiation of the document after it has been indorsed to a named person requires indorsement by the named person and delivery.
  (5) A document is duly negotiated if it is negotiated in the manner stated in this subsection to a holder that purchases it in good faith, without notice of any defense against or claim to it on the part of any person, and for value, unless it is established that the negotiation is not in the regular course of business or financing or involves receiving the document in settlement or payment of a monetary obligation.
(b) The following rules apply to a negotiable electronic document of title:
  (1) If the document’s original terms run to the order of a named person or to bearer, the document is negotiated by delivery of the document to another person. Indorsement by the named person is not required to negotiate the document.
  (2) If the document’s original terms run to the order of a named person and the named person has control of the document, the effect is the same as if the document had been negotiated.
  (3) A document is duly negotiated if it is negotiated in the manner stated in this subsection to a holder that purchases it in good faith, without notice of any defense against or claim to it on the part of any person, and for value, unless it is established that the negotiation is not in the regular course of business or financing or involves taking delivery of the document in settlement or payment of a monetary obligation.
(c) Indorsement of a nonnegotiable document of title neither makes it negotiable nor adds to the transferee’s rights.
(d) The naming in a negotiable bill of lading of a person to be notified of the arrival of the goods does not limit the negotiability of the bill or constitute notice to a purchaser of the bill of any interest of that person in the goods.
D.C. Code § 28-4202 — DC Code / Title 28 / Chapter 42 / § 28-4202
§ 28-4202. Rulemaking.
Status: in_force

(a) The Mayor may issue rules to implement this chapter, including rules establishing radon screening, testing, or mitigation programs in the District that are in compliance with any recommendations or guidelines published by the United States Environmental Protection Agency. If the Council does not approve or disapprove the proposed rules by resolution within the 45-day period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2 [§ 2–501 et seq.].
(b) The Mayor may issue emergency rules, without prior Council approval, which shall be effective for not more than 120 days.
D.C. Code § 28:2A-311 — DC Code / Title 28 / Chapter  / § 28:2A-311
§ 28:2A-311. Priority subject to subordination.
Status: in_force

Nothing in this article prevents subordination by agreement by any person entitled to priority.
D.C. Code § 28:2-327 — DC Code / Title 28 / Chapter  / § 28:2-327
§ 28:2-327. Special incidents of sale on approval and sale or return.
Status: in_force

(1) Under a sale on approval unless otherwise agreed
  (a) although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and
  (b) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and
  (c) after due notification of election to return, the return is at the seller’s risk and expense but a merchant buyer must follow any reasonable instructions.
(2) Under a sale or return unless otherwise agreed
  (a) the option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and
  (b) the return is at the buyer’s risk and expense.
D.C. Code § 28-4806.03 — DC Code / Title 28 / Chapter 48 / § 28-4806.03
§ 28-4806.03. Transitional matters.
Status: in_force

Section 28-4804.09   applies to a trust described in § 28-4804.09(d) on and after the following dates:
(1) If the trust is not funded as of [July 23, 2010], the date of the decedent’s death;
(2) If the trust is initially funded in the calendar year beginning January 1, 2010, the date of the decedent’s death; or
(3) If the trust is not described in paragraph (1) or (2) of this section, January 1, 2010.
D.C. Code § 28:2-712 — DC Code / Title 28 / Chapter  / § 28:2-712
§ 28:2-712. “Cover”; buyer’s procurement of substitute goods.
Status: in_force

(1) After a breach within the preceding section the buyer may “cover” by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.
(2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (section 28:2-715), but less expenses saved in consequence of the seller’s breach.
(3) Failure of the buyer to effect cover within this section does not bar him from any other remedy.
D.C. Code § 28:3-414 — DC Code / Title 28 / Chapter  / § 28:3-414
§ 28:3-414. Obligation of drawer.
Status: in_force

(a) This section does not apply to cashier’s checks or other drafts drawn on the drawer.
(b) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (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 drawer 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 draft or to an indorser who paid the draft under section 28:3-415.
(c) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.
(d) If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser under section 28:3-415(a) and (c).
(e) If a draft states that it is drawn “without recourse” or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) of this section to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) of this section is not effective if the draft is a check.
(f) If (i) a check is not presented for payment or given to a depositary bank for collection within 30 days after its date, (ii) the drawee suspends payments after expiration of the 30-day period without paying the check, and (iii) because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.
D.C. Code § 28:4-210 — DC Code / Title 28 / Chapter  / § 28:4-210
§ 28:4-210. Security interest of collecting bank in items, accompanying documents, and proceeds.
Status: in_force

(a) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either:
  (1) In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied;
  (2) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon or there is a right of charge-back; or
  (3) If it makes an advance on or against the item.
(b) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents or the proceeds of either. For the purpose of this section, credits first given are first withdrawn.
(c) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents, and proceeds. So long as the bank does not receive final settlement for the item or give up possession of the item or possession or control of the accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to Article 9, but:
  (1) No security agreement is necessary to make the security interest enforceable (section 28:9-203(b)(e)(A));
  (2) No filing is required to perfect the security interest; and
  (3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds.
D.C. Code § 28:7-603 — DC Code / Title 28 / Chapter  / § 28:7-603
§ 28:7-603. Conflicting claims; interpleader.
Status: in_force

If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has a reasonable time to ascertain the validity of the adverse claims or to commence an action for interpleader. The bailee may assert an interpleader either in defending an action for nondelivery of the goods or by original action.
D.C. Code § 28:8-110 — DC Code / Title 28 / Chapter  / § 28:8-110
§ 28:8-110. Applicability; choice of law.
Status: in_force

(a) The local law of the issuer’s jurisdiction, as specified in subsection (d) of this section, governs:
  (1) The validity of a security;
  (2) The rights and duties of the issuer with respect to registration of transfer;
  (3) The effectiveness of registration of transfer by the issuer;
  (4) Whether the issuer owes any duties to an adverse claimant to a security; and
  (5) Whether an adverse claim can be asserted against a person to whom transfer of a certificated or uncertificated security is registered or a person who obtains control of an uncertificated security.
(b) The local law of the securities intermediary’s jurisdiction, as specified in subsection (e) of this section, governs:
  (1) Acquisition of a security entitlement from the securities intermediary;
  (2) The rights and duties of the securities intermediary and entitlement holder arising out of a security entitlement;
  (3) Whether the securities intermediary owes any duties to an adverse claimant to a security entitlement; and
  (4) Whether an adverse claim can be asserted against a person who acquires a security entitlement from the securities intermediary or a person who purchases a security entitlement or interest therein from an entitlement holder.
(c) The local law of the jurisdiction in which a security certificate is located at the time of delivery governs whether an adverse claim can be asserted against a person to whom the security certificate is delivered.
(d) For the purposes of this article, the term “issuer’s jurisdiction” means the jurisdiction under which the issuer of the security is organized or, if permitted by the law of that jurisdiction, the law of another jurisdiction specified by the issuer. An issuer organized under the law of the District of Columbia may specify the law of another jurisdiction as the law governing the matters specified in subsection (a)(2) through (5) of this section.
(e) The following rules determine a “securities intermediary’s jurisdiction” for purposes of this section:
  (1) If an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that a particular jurisdiction is the securities intermediary’s jurisdiction for purposes of this part or this article, that jurisdiction is the securities intermediary’s jurisdiction.
  (2) If paragraph (1) does not apply and an agreement between the securities intermediary and its entitlement holder expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the securities intermediary’s jurisdiction.
  (3) If neither paragraph (1) nor paragraph (2) applies and an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that the securities account is maintained at an office in a particular jurisdiction, that jurisdiction is the securities intermediary’s jurisdiction.
  (4) If none of the preceding paragraphs of this subsection applies, the securities intermediary’s jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the entitlement holder’s account is located.
  (5) If none of the preceding paragraphs of this subsection applies, the securities intermediary’s jurisdiction is the jurisdiction in which the chief executive office of the securities intermediary is located.
(f) A securities intermediary’s jurisdiction is not determined by the physical location of certificates representing financial assets, or by the jurisdiction in which is organized the issuer of the financial asset with respect to which an entitlement holder has a security entitlement, or by the location of facilities for data processing or other record keeping concerning the account.
(g) The local law of the issuer's jurisdiction or the securities intermediary's jurisdiction governs a matter or transaction specified in subsection (a) or (b) of this section, even if the matter or transaction does not bear any relation to the jurisdiction.
D.C. Code § 28-3104 — DC Code / Title 28 / Chapter 31 / § 28-3104
§ 28-3104. Transfers fraudulent as to present and future creditors.
Status: in_force

(a) A transfer made, or obligation incurred, by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
  (1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or
  (2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
    (A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
    (B) Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due.
(b) In determining actual intent under subsection (a)(1) of this section, consideration may be given, among other factors, to whether:
  (1) The transfer or obligation was to an insider;
  (2) The debtor retained possession or control of the property transferred after the transfer;
  (3) The transfer or obligation was disclosed or concealed;
  (4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
  (5) The transfer was of substantially all the debtor’s assets;
  (6) The debtor absconded;
  (7) The debtor removed or concealed assets;
  (8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
  (9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
  (10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and
  (11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
D.C. Code § 28:8-114 — DC Code / Title 28 / Chapter  / § 28:8-114
§ 28:8-114. Evidentiary rules concerning certificated securities.
Status: in_force

The following rules apply in an action on a certificated security against the issuer:
(1) Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary indorsement is admitted.
(2) If the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming under the signature, but the signature is presumed to be genuine or authorized.
(3) If signatures on a security certificate are admitted or established, production of the certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security.
(4) If it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted.
D.C. Code § 28-3503 — DC Code / Title 28 / Chapter 35 / § 28-3503
§ 28-3503. Declaration, grant, and assignment of trust.
Status: in_force

A declaration or creation of trust or confidence of real estate which is not in writing, signed by the party who is by law enabled to declare the trust or by his last will in writing, is void.
A grant or assignment of a trust or confidence which is not in writing, signed by the party granting or assigning it, or by his last will, is void.
Where a conveyance is made of real estate by which a trust or confidence is or may arise or result by the implication or construction of law, or is transferred or extinguished by an act or operation of law, the trust or confidence is of the same effect as it would have been if this section had not been enacted.