Ch. 95

2004 LAWS OF MARYLAND

7-308.

(A)     A CARRIER'S LIEN ON GOODS MAY BE ENFORCED BY PUBLIC OR PRIVATE
SALE OF THE GOODS, IN BULK OR IN PACKAGES, AT ANY TIME OR PLACE AND ON ANY
TERMS THAT ARE COMMERCIALLY REASONABLE, AFTER NOTIFYING ALL PERSONS
KNOWN TO CLAIM AN INTEREST IN THE GOODS. THE NOTIFICATION MUST INCLUDE
A STATEMENT OF THE AMOUNT DUE, THE NATURE OF THE PROPOSED SALE, AND
THE TIME AND PLACE OF ANY PUBLIC SALE. THE FACT THAT A BETTER PRICE COULD
HAVE BEEN OBTAINED BY A SALE AT A DIFFERENT TIME OR IN A METHOD
DIFFERENT FROM THAT SELECTED BY THE CARRIER IS NOT OF ITSELF SUFFICIENT
TO ESTABLISH THAT THE SALE WAS NOT MADE IN A COMMERCIALLY REASONABLE
MANNER THE CARRIER SELLS GOODS IN A COMMERCIALLY REASONABLE MANNER
IF THE CARRIER SELLS THE GOODS IN THE USUAL MANNER IN ANY RECOGNIZED
MARKET THEREFOR, SELLS AT THE PRICE CURRENT IN THAT MARKET AT THE TIME
OF THE SALE, OR OTHERWISE SELLS IN CONFORMITY WITH COMMERCIALLY
REASONABLE PRACTICES AMONG DEALERS IN THE TYPE OF GOODS SOLD. A SALE OF
MORE GOODS THAN APPARENTLY NECESSARY TO BE OFFERED TO ENSURE
SATISFACTION OF THE OBLIGATION IS NOT COMMERCIALLY REASONABLE, EXCEPT
IN CASES COVERED BY THE PRECEDING SENTENCE.

(B)     BEFORE ANY SALE PURSUANT TO THIS SECTION, ANY PERSON CLAIMING A
RIGHT IN THE GOODS MAY PAY THE AMOUNT NECESSARY TO SATISFY THE LIEN AND
THE REASONABLE EXPENSES INCURRED IN COMPLYING WITH THIS SECTION. IN
THAT EVENT, THE GOODS MAY NOT BE SOLD BUT MUST BE RETAINED BY THE
CARRIER, SUBJECT TO THE TERMS OF THE BILL OF LADING AND THIS TITLE.

(C)     A CARRIER MAY BUY AT ANY PUBLIC SALE PURSUANT TO THIS SECTION.

(D)     A PURCHASER IN GOOD FAITH OF GOODS SOLD TO ENFORCE A CARRIER'S
LIEN TAKES THE GOODS FREE OF ANY RIGHTS OF PERSONS AGAINST WHICH THE
LIEN WAS VALID, DESPITE THE CARRIER'S NONCOMPLIANCE WITH THIS SECTION.

(E)     A CARRIER MAY SATISFY ITS LIEN FROM THE PROCEEDS OF ANY SALE
PURSUANT TO THIS SECTION BUT SHALL HOLD THE BALANCE, IF ANY, FOR DELIVERY
ON DEMAND TO ANY PERSON TO WHICH THE CARRIER WOULD HAVE BEEN BOUND TO
DELIVER THE GOODS.

(F)     THE RIGHTS PROVIDED BY THIS SECTION ARE IN ADDITION TO ALL OTHER
RIGHTS ALLOWED BY LAW TO A CREDITOR AGAINST A DEBTOR

(G)     A CARRIER'S LIEN MAY BE ENFORCED PURSUANT TO EITHER SUBSECTION
(A) OR THE PROCEDURE SET FORTH IN § 7-210(B).

(H) A 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.

(A) A CARRIER THAT ISSUES A BILL OF LADING, WHETHER NEGOTIABLE OR
NONNEGOTIABLE, SHALL EXERCISE THE DEGREE OF CARE IN RELATION TO THE
GOODS WHICH A REASONABLY CAREFUL PERSON WOULD EXERCISE UNDER SIMILAR

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