896 LAWS OF MARYLAND
(8) The carrier is liable for damages caused by failure to comply
with the requirements for sale under this section and in case of
willful violation is liable for conversion.
7—309. Duty of Care; Contractual Limitation of Carrier's Liability.
(1) A carrier who issues a bill of lading whether negotiable or
non-negotiable must exercise the degree of care in relation to the
goods which a reasonably careful man would exercise under like
circumstances. This subsection does not repeal or change any law or
rule of law which imposes liability upon a common carrier for dam-
ages not caused by its negligence.
(2) Damages may be limited by a provision that the carrier's
liability shall not exceed a value stated in the document if the
carrier's rates are dependent upon value and the consignor by the
carrier's tariff is afforded an opportunity to declare a higher value
or a value as lawfully provided in the tariff, or where no tariff is
filed he is otherwise advised of such opportunity; but no such limi-
tation is effective with respect to the carrier's liability for conversion
to its own use.
(3) Reasonable provisions as to the time and manner of presenting
claims and instituting actions based on the shipment may be included
in a bill of lading or tariff.
Part 4
Warehouse Receipts and Bills of Lading:
General Obligations
7—401. Irregularities in Issue of Receipt or Bill or Conduct of
Issuer.
The obligations imposed by this Sub-title on an issuer apply to a
document of title regardless of the fact that
(a) the document may not comply with the requirements of this
Sub-title or of any other law or regulation regarding its issue, form
or content; or
(b) the issuer may have violated laws regulating the conduct of
his business; or
(c) the goods covered by the document were owned by the bailee
at the time the document was issued; or
(d) the person issuing the document does not come within the
definition of warehouseman if it purports to be a warehouse receipt.
7—402. Duplicate Receipt or Bill; Overissue.
Neither a duplicate nor any other document of title purporting to
cover goods already represented by an outstanding document of the
same issuer confers any right in the goods, except as provided in
the case of bills in a set, overissue of documents for fungible goods
and substitutes for lost, stolen or destroyed documents. But the issuer
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