reglab/housing_qa huggingface dataset:
6 DE Code § 5-110. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 5. Letters of Credit|§ 5-110. Warranties.

§ 5-110. Warranties. (a) If its presentation is honored, the beneficiary warrants:  (1) to the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in Section 5-109(a); and (2) to the applicant that the drawing does not violate any agreement between the applicant and beneficiary or any other agreement intended by them to be augmented by the letter of credit. (b) The warranties in subsection (a) are in addition to warranties arising under Article 3, 4, 7, and 8 because of the presentation or transfer of documents covered by any of those Articles. 5A Del. C. 1953, §§  5-111;  55 Del. Laws, c. 349;  71 Del. Laws, c. 393, §  1;
6 DE Code § 5-111. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 5. Letters of Credit|§ 5-111. Remedies.

§ 5-111. Remedies. (a) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated person presenting on its own behalf may recover from the issuer the amount that is the subject of the dishonor or repudiation. If the issuer's obligation under the letter of credit is not for the payment of money, the claimant may obtain specific performance or, at the claimant's election, recover an amount equal to the value of performance from the issuer. In either case, the claimant may also recover incidental but not consequential damages. The claimant is not obligated to take action to avoid damages that might be due from the issuer under this subsection. If, although not obligated to do so, the claimant avoids damages, the claimant's recovery from the issuer must be reduced by the amount of damages avoided. The issuer has the burden of proving the amount of damages avoided. In the case of repudiation the claimant need not present any document. (b) If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or honors a draft or demand in breach of its obligation to the applicant, the applicant may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach. (c) If an adviser or nominated person other than a confirmer breaches an obligation under this Article or an issuer breaches an obligation not covered in subsection (a) or (b), a person to whom the obligation is owed may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach. To the extent of the confirmation, a confirmer has the liability of an issuer specified in this subsection and subsections (a) and (b). (d) An issuer, nominated person, or adviser who is found liable under subsection (a), (b), or (c) shall pay interest on the amount owed thereunder from the date of wrongful dishonor or other appropriate date. (e) Reasonable attorney's fees and other expenses of litigation must be awarded to the prevailing party in an action in which a remedy is sought under this article. (f) Damages that would otherwise be payable by a party for breach of an obligation under this article may be liquidated by agreement or undertaking, but only in an amount or by a formula that is reasonable in light of the harm anticipated. 5A Del. C. 1953, §§  5-115;  55 Del. Laws, c. 349;  71 Del. Laws, c. 393, §  1;
6 DE Code § 5-112. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 5. Letters of Credit|§ 5-112. Transfer of letter of credit.

§ 5-112. Transfer of letter of credit. (a) Except as otherwise provided in Section 5-113, unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred. (b) Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if:  (1) the transfer would violate applicable law; or (2) the transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in Section 5-108(e) or is otherwise reasonable under the circumstances.5A Del. C. 1953, §§  5-116;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  5;  71 Del. Laws, c. 393, §  1;
6 DE Code § 5-113. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 5. Letters of Credit|§ 5-113. Transfer by operation of law.

§ 5-113. Transfer by operation of law. (a) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor. (b) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in its own name as the disclosed successor of the beneficiary. Except as otherwise provided in subsection (e), an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full substitution for its predecessor upon compliance with the requirements for recognition by the issuer of a transfer of drawing rights by operation of law under the standard practice referred to in Section 5-108(e) or, in the absence of such a practice, compliance with other reasonable procedures sufficient to protect the issuer. (c) An issuer is not obliged to determine whether a purported successor is a successor of a beneficiary or whether the signature of a purported successor is genuine or authorized. (d) Honor of a purported successor's apparently complying presentation under subsection (a) or (b) has the consequences specified in Section 5-108(i) even if the purported successor is not the successor of a beneficiary. Documents signed in the name of the beneficiary or of a disclosed successor by a person who is neither the beneficiary nor the successor of the beneficiary are forged documents for the purposes of Section 5-109. (e) An issuer whose rights of reimbursement are not covered by subsection (d) or substantially similar law and any confirmer or nominated person may decline to recognize a presentation under subsection (b). (f) A beneficiary whose name is changed after the issuance of a letter of credit has the same rights and obligations as a successor of a beneficiary under this Section. 71 Del. Laws, c. 393, §  1;
6 DE Code § 5-114. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 5. Letters of Credit|§ 5-114. Assignment of proceeds.

§ 5-114. Assignment of proceeds. (a) In this Section, “proceeds of a letter of credit” means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not include a beneficiary's drawing rights or documents presented by the beneficiary. (b) A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The beneficiary may do so before presentation as a present assignment of its right to receive proceeds contingent upon its compliance with the terms and conditions of the letter of credit. (c) An issuer or nominated person need not recognize an assignment of proceeds of a letter of credit until it consents to the assignment. (d) An issuer or nominated person has no obligation to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent may not be unreasonably withheld if the assignee possesses and exhibits the letter of credit and presentation of the letter of credit is a condition to honor. (e) Rights of a transferee beneficiary or nominated person are independent of the beneficiary's assignment of the proceeds of a letter of credit and are superior to the assignee's right to the proceeds. (f) Neither the rights recognized by this Section between an assignee and an issuer, transferee beneficiary, or nominated person nor the issuer's or nominated person's payment of proceeds to an assignee or a third person affect the rights between the assignee and any person other than the issuer, transferee beneficiary, or nominated person. The mode of creating and perfecting a security interest in or granting an assignment of a beneficiary's rights to proceeds is governed by Article 9 or other law. Against persons other than the issuer, transferee beneficiary, or nominated person, the rights and obligations arising upon the creation of a security interest or other assignment of a beneficiary's right to proceeds and its perfection are governed by Article 9 or other law. 71 Del. Laws, c. 393, §  1;
6 DE Code § 5-115. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 5. Letters of Credit|§ 5-115. Statute of limitations.

§ 5-115. Statute of limitations. 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. 71 Del. Laws, c. 393, §  1;
6 DE Code § 5-116. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 5. Letters of Credit|§ 5-116. Choice of law and forum.

§ 5-116. Choice of law and forum. (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 or otherwise authenticated by the affected parties in the manner provided in Section 5-104 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) 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. 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 this subsection. (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), (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 non-variable provisions specified in Section 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). 71 Del. Laws, c. 393, §  1;
6 DE Code § 5-117. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 5. Letters of Credit|§ 5-117. Subrogation of issuer, applicant, and nominated person.

§ 5-117. Subrogation of issuer, applicant, and nominated person. (a) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant. (b) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (a). (c) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of:  (1) the issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant; (2) the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and (3) the applicant to same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant. (d) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) do not arise until the issuer honors the letter of credit or otherwise pays and the rights in subsection (c) do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this Section present or prospective rights forming the basis of a claim, defense, or excuse. 71 Del. Laws, c. 393, §  1;
6 DE Code § 5-118. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 5. Letters of Credit|§ 5-118. Security interest of issuer or nominated person.

§ 5-118. Security interest of issuer or nominated person. (a) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation. (b) So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under subsection (a), the security interest continues and is subject to Article 9, but:  (1) a security agreement is not necessary to make the security interest enforceable under Section 9-203(b)(3); (2) if the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and (3) if the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document.72 Del. Laws, c. 401, §  16;
6 DE Code § 10-101. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 10. Effective Date and Repealer|§ 10-101. Effective date.

§ 10-101. Effective date. This subtitle applies to transactions entered into and events occurring after June 30, 1967. 5A Del. C. 1953, §§  10-101;  55 Del. Laws, c. 349.;
6 DE Code § 10-102. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 10. Effective Date and Repealer|§ 10-102. Specific repealer; provision for transition.

§ 10-102. Specific repealer; provision for transition. (1) The following acts and all other acts and parts of acts inconsistent herewith are hereby repealed:  Uniform Negotiable Instruments Act, Chapter 1 of Title 6. Uniform Warehouse Receipts Act, Chapter 5 of Title 6. Uniform Sales Act, Chapter 7 of Title 6. Uniform Bills of Lading Act, Chapter 3 of Title 6. Uniform Stock Transfer Act, Subchapter VI, Chapter 1, Title 8. Uniform Conditional Sales Act, Chapter 9 of Title 6. Uniform Trust Receipts Act, Chapter 11 of Title 6. Bulk Sales Act, Chapter 21 of Title 6. Chattel Mortgages Act, Chapter 23 of Title 25. Factor's Lien Act, Chapter 33 of Title 25. Assignment of Accounts Receivable Act, Chapter 18 of Title 6. Section 925 of Title 5, Delaware Code. (2) Transactions validly entered into before the effective date specified in Section 10-101 and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this subtitle as though such repeal or amendment had not occurred. 5A Del. C. 1953, §§  10-102;  55 Del. Laws, c. 349.;
6 DE Code § 10-103. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 10. Effective Date and Repealer|§ 10-103. General repealer.

§ 10-103. General repealer. Except as provided in the following section, all acts and parts of acts inconsistent with this subtitle are repealed. 5A Del. C. 1953, §§  10-103;  55 Del. Laws, c. 349.;
6 DE Code § 11-101. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 11. Effective Date and Transition Provisions|§ 11-101. Effective date and definitions.

§ 11-101. Effective date and definitions. (1) This Act shall become effective on January 1, 1984. (2) As used in this Article, unless the context otherwise requires:  (a) “Prior Uniform Commercial Code” means the Uniform Commercial Code as in effect prior to the effective date of this Act. (b) “Revised Uniform Commercial Code” means the Uniform Commercial Code as amended by this Act.64 Del. Laws, c. 152, §  8;
6 DE Code § 11-102. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 11. Effective Date and Transition Provisions|§ 11-102. Preservation of old transition provision.

§ 11-102. Preservation of old transition provision. Article 10 shall continue to apply to the Revised Uniform Commercial Code and for this purpose the Prior Uniform Commercial Code and the Revised Uniform Commercial Code shall be considered 1 continuous statute. 64 Del. Laws, c. 152, §  8;
6 DE Code § 11-103. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 11. Effective Date and Transition Provisions|§ 11-103. Transition — General rule.

§ 11-103. Transition — General rule. Transactions validly entered into after June 30, 1967, and before January 1, 1984, and which were subject to the Prior Uniform Commercial Code and which would be subject to the Revised Uniform Commercial Code if they had been entered into after this Act takes effect, and the rights, duties and interests flowing from such transactions, remain valid after this Act takes effect and may be terminated, completed, consummated and enforced as required or permitted by the Revised Uniform Commercial Code. Security interests arising out of such transactions which are perfected when this Act becomes effective shall remain perfected until they lapse as provided in the Revised Uniform Commercial Code, and may be continued as permitted by the Revised Uniform Commercial Code, except as stated in Section 11-105. 64 Del. Laws, c. 152, §  8;
6 DE Code § 11-104. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 11. Effective Date and Transition Provisions|§ 11-104. Transition provision on change of requirement of filing.

§ 11-104. Transition provision on change of requirement of filing. A security interest for the perfection of which filing or the taking of possession was required under the Prior Uniform Commercial Code and which attached prior to the effective date of this Act but was not perfected shall be deemed perfected on the effective date of this Act if the Revised Uniform Commercial Code permits perfection without filing or authorizes filing in the office or offices where a prior ineffective filing was made, provided all steps required for perfection under the Revised Uniform Commercial Code have been taken. 64 Del. Laws, c. 152, §  8;
6 DE Code § 11-105. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 11. Effective Date and Transition Provisions|§ 11-105. Transition provision on change of place of filing.

§ 11-105. Transition provision on change of place of filing. (1) A financing statement or continuation statement filed prior to January 1, 1984, which shall not have lapsed prior to January 1, 1984, shall remain effective for the period provided in the Prior Uniform Commercial Code, but not less than 5 years after the filing. (2) With respect to any collateral acquired by the debtor subsequent to this Act becoming effective, 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 the Revised Uniform Commercial Code. (3) The effectiveness of any financing statement or continuation statement filed prior to January 1, 1984, may be continued by a continuation statement as permitted by the Revised Uniform Commercial Code, except that:  (a) If the Revised Uniform Commercial Code requires a filing in an office where there was no previous financing statement, a new financing statement conforming to Section 11-106 shall be filed in that office; and (b) If the financing statement or continuation statement relates to a security interest that cannot be perfected by filing under the Revised Uniform Commercial Code, this subsection shall be inapplicable. (4) If the recording of a mortgage of real estate would have been effective as a fixture filing of goods described therein if the Revised Uniform Commercial Code had been in effect on the date of recording the mortgage, the recorded mortgage shall be deemed effective as a fixture filing as to such goods under former subsection (6) of Section 9-402 [see now Section 9-502, generally] of the Revised Uniform Commercial Code on the effective date of this Act. 64 Del. Laws, c. 152, §  8;