Title 13, Uniform Commercial Code

The omission from either Chapter 2 or Chapter 3 of this division of a provision corresponding to a provision made in the other chapter does not imply that a corresponding rule of law is not applicable. ---------- CHAPTER 2 WAREHOUSE RECEIPTS: SPECIAL PROVISIONS

Government Bond. (1) A warehouse receipt may be issued by any warehouseman. (2) Where goods including distilled spirits and agricultural commodities are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse…

Terms. (1) A warehouse receipt need not be in any particular form. (2) Unless a warehouse receipt embodies within its written or printed terms each of the following, the warehouseman is liable for damages caused by the omission to a person injured thereby: (a) The location of the…

A party to or purchaser for value in good faith of a document of title other than a bill of lading relying in either case upon the description therein of the goods may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent th…

Liability. (1) A warehouseman is liable for damages for loss of or injury to the goods caused by his failure to exercise such care in regard to them as a reasonably careful man would exercise under like circumstances but unless otherwise agreed he is not liable for damages which …

A buyer in the ordinary course of business of fungible goods sold and delivered by a warehouseman who is also in the business of buying and selling such goods takes free of any claim under a warehouse receipt even though it has been duly negotiated.

(1) A warehouseman may on notifying the person on whose account the goods are held and any other person known to claim an interest in the goods require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by the docu…

(1) Unless the warehouse receipt otherwise provides, a warehouseman must keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods except that different lots of fungible goods may be commingled. (2) Fungible goods so c…

Where a blank in a negotiable warehouse receipt has been filled in without authority, a purchaser for value and without notice of the want of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any receipt enforceable against the issuer accor…

(1) A warehouseman has a lien against the bailor on the goods deposited or on the proceeds thereof in his possession for charges for COL120106 AND O THER DOCUMENTS OF TITLE storage, processing incidental to storage, or transportation, including demurrage and terminal charges, ins…

COL120106 AND O THER DOCUMENTS OF TITLE (1) Except as provided in subdivision (2), a warehouseman's lien may be enforced by public or private sale of the goods in bloc or in par- cels, at any time or place and on any terms which are commercially reasonable, after notifying all pe…

Shipper's Load and Count; Improper Handling. (1) A consignee of a nonnegotiable bill who has given value in good faith or a holder to whom a negotiable bill has been duly negotiated relying in either case upon the description therein of the goods, or upon the date therein shown, …

(1) The issuer of a through bill of lading or other document embodying an undertaking to be performed in part by persons acting as its agents or by connecting carriers is liable to anyone entitled to recover on the document for any breach by such other persons or by a connecting …

COL120106 AND O THER DOCUMENTS OF TITLE (1) Unless the bill of lading otherwise provides, the carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods on instructions from (a) The holder of a negotiable bill…

(1) Except where customary in overseas transportation, a bill of lading must not be issued in a set of parts. The issuer is liable for dam- ages caused by violation of this subdivision. (2) Where a bill of lading is lawfully drawn in a set of parts, each of which is numbered and …

(1) Instead of issuing a bill of lading to the consignor at the place of shipment a carrier may at the request of the consignor procure the bill to be issued at destination or at any other place designated in the request. (2) Upon request of anyone entitled as against the carrier…

An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor.

(1) A carrier has a lien on the goods covered by a bill of lading for charges subsequent to the date of its receipt of the goods for storage or transportation (including demurrage and terminal charges) and for expenses necessary for preservation of the goods incident to their tra…

COL120106 AND O THER DOCUMENTS OF TITLE (1) A carrier's lien may be enforced by public or private sale of the goods, in bloc or in parcels, at any time or place and on any terms which are commercially reasonable, after notifying all person known to claim an interest in the goods.…

(1) A carrier who issues a bill of lading whether negotiable or nonnegotiable must exercise the degree of care in relation to the goods which a reasonably careful man would exercise under like circumstances. This subdivision does not repeal or change any law or rule of law which …

The obligations imposed by this division on an issuer apply to a document of title regardless of the fact that COL120106 AND O THER DOCUMENTS OF TITLE (a) The document may not comply with the requirements of this division or of any other law or regulation regarding its issue, for…

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 substitu…

(1) The bailee must deliver the goods to a person entitled under the document who complies with subdivision (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 clai…

Bill. A bailee who in good faith including observance of reasonable commercial standards has received goods and delivered or otherwise disposed of them according to the terms of the document of title or pursuant to this division is not liable therefor. This rule applies even thou…

(1) A negotiable document of title running to the order of a named person is negotiated by his indorsement and delivery. After his indorsement in blank or to bearer any person can negotiate it by delivery alone. (2) (a) A negotiable document of title is also negotiated by deliver…

COL120106 AND O THER DOCUMENTS OF TITLE (1) Subject to the following section and to the provisions of Section 7205 on fungible goods, a holder to whom a negotiable document of title has been duly negotiated acquires thereby: (a) Title to the document; (b) Title to the goods; (c) …

(1) A document of title confers no right in goods against a person who before issuance of the document had a legal interest or a perfected security interest in them and who neither (a) Delivered nor entrusted them nor any document of title covering them to the bailor or his nomin…

of Diversion; Seller's Stoppage of Delivery. (1) A transferee of a document, whether negotiable or nonne- gotiable, to whom the document has been delivered but not duly negotiated, acquires the title and rights which his transferor had or had actual authority to convey. (2) In th…

The indorsement of a document of title issued by a bailee does not make the indorser liable for any default by the bailee or by previous indorsers.

Indorsement. The transferee of a negotiable document of title has a specifically enforceable right to have his transferor supply any necessary indorsement but the transfer becomes a negotiation only as of the time the indorsement is supplied.

Where a person negotiates or transfers a document of title for value otherwise than as a mere intermediary under the next following section, then unless otherwise agreed he warrants to his immediate purchaser only in addition to any warranty made in selling the goods (a) That the…

A collecting bank or other intermediary known to be entrusted with documents on behalf of another or with collection of a draft or other claim against delivery of documents warrants by such delivery of the documents only its own good faith and authority. This rule applies even CO…

Commercial Contract. The question whether a document is adequate to fulfill the obligations of a contract for sale or the conditions of a credit is governed by the divisions on sales (Division 2) and on letters of credit (Division 5). ---------- CHAPTER 6 WAREHOUSE RECEIPTS AND B…

(1) If a document has been lost, stolen or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with such order. If the document was negotiable the claimant must post security approved by…

Except where the document was originally issued upon delivery of the goods by a person who had no power to dispose of them, no lien attaches by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document of title is outstanding unless the…

If more than one person claims title or possession of the goods, the bailee or warehouseman is excused from delivery until he has had a reasonable time to ascertain the validity of the adverse claims or to bring an action to compel all claimants to interplead and may compel such …