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Session Laws, 1963
Volume 671, Page 895   View pdf image (33K)
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J. MILLARD TAWES, Governor                        897

is liable for damages caused by his overissue or failure to identify
a duplicate document as such by conspicuous notation on its face.

7403. Obligation of Warehouseman or Carrier to Deliver; Excuse.

(1)   The bailee must deliver the goods to a person entitled under
the document who complies with subsections (2) and (3), unless
and to the extent that the bailee establishes any of the following:

(a)  delivery of the goods to a person whose receipt was rightful
as against the claimant;

(b)  damage to or delay, loss or destruction of the goods for which
the bailee is not liable, ,
BUT THE BURDEN OF ESTABLISHING
NEGLIGENCE IN SUCH CASES IS ON THE PERSON EN-
TITLED UNDER THE DOCUMENT.

(c)  previous sale or other disposition of the goods in lawful en-
forcement of a lien or on warehouseman's lawful termination of
storage;

(d)  the exercise by a seller of his right to stop delivery pursuant
to the provisions of the Sub-title on Sales (Section 2
705);

(e)  a diversion, reconsignment or other disposition pursuant to the
provisions of this Sub-title (Section 7
303) or tariff regulating such
right;

(f)  release, satisfaction or any other fact affording a personal
defense against the claimant;

(g)  any other lawful excuse.

(2)  A person claiming goods covered by a document of title must
satisfy the bailee's lien where the bailee so requests or where the
bailee is prohibited by law from delivering the goods until the charges
are paid.

(3)   Unless the person claiming is one against whom the document
confers no right under Section 7
503 (1), he must surrender for
cancellation or notation of partial deliveries any outstanding nego-
tiable document covering the goods, and the bailee must cancel the
the document or conspicuously note the partial delivery thereon or
be liable to any person to whom the document is duly negotiated.

(4) "Person entitled under the document" means holder in the
case of a negotiable document, or the person to whom delivery is to
be made by the terms of or pursuant to written instructions under
a non-negotiable document.

7404. No Liability for Good Faith Delivery Pursuant to Receipt
or Bill.

A bailee who in good faith including observance of reasonable com-
mercial standards has received goods and delivered or otherwise dis-
posed of them according to the terms of the document of title or
pursuant to this Sub-title is not liable therefor. This rule applies even
though the person from whom he received the goods had no authority
to procure the document or to dispose of the goods and even though
the person to whom he delivered the goods had no authority to
receive them.


 

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Session Laws, 1963
Volume 671, Page 895   View pdf image (33K)
 Jump to  
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