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HomeCommercial CodeDiv. 4Ch. 2§ 4209 Encoding And Presentment Warranties

§ 4209 Encoding And Presentment Warranties

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4209 Encoding And Presentment Warranties

This law says that when someone promises to encode or keep an item correctly, they guarantee it’s done right, and if they break that promise, the other side can get money to cover their losses.

Key Takeaways

  • •Encoding or retaining an item creates a legal warranty.
  • •The warranty applies to banks and any payor involved.
  • •If the warranty is broken, the injured party can recover actual loss plus extra costs.

Example

A small shop sends a payment electronically to a supplier. The bank that receives the payment promises to keep it safe and send it on time. If the bank loses the payment and the shop can’t get its goods, the shop can sue for damages.

The bank’s promise creates a warranty. When the bank fails, the shop can recover the money it lost plus any extra costs caused by the failure.

How to Calculate

Damages = Loss suffered + Expenses + Loss of interest

  1. Figure out the monetary loss directly caused by the breach.
  2. Add any extra expenses that resulted from the breach.
  3. Add the interest that would have been earned or saved if the breach hadn’t occurred.

A retailer loses a $5,000 payment because the bank mishandles the electronic presentment.

Result: 5350

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4209 Encoding And Presentment Warranties

(a) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty. (b) A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payor bank or other payor that retention and presentment of the item comply with the agreement. If a customer of a depositary bank undertakes to retain an item, that bank also makes this warranty. (c) A person to whom warranties are made under this section and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, plus expenses and loss of interest incurred as a result of the breach. (Added by Stats. 1992, Ch. 914, Sec. 29. Effective January 1, 1993.)

Last verified: January 10, 2026

Key Terms

encoded informationwarrantyelectronic presentmentdepositary bankbreach of warrantygood faith

Related Statutes

  • § 10211 Lessor Warranty Against Claims
  • § 3202 Negotiation Effectiveness Rules
  • § 4205 Bank Holder And Warranty
  • § 4207 Item Transfer Warranties
  • § 4208 Draft Payment Warranties

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 4209.
View Official Source