§80111 Liability for Delivery of Goods

Summary

A carrier must pay damages to the person who owns the goods or has the right to possess them if the carrier gives the goods to someone who is not entitled to them, unless that delivery was allowed under section 80110(b)(2) or (3). The carrier is also liable if it makes such an allowed delivery after the owner asked it not to, or if the carrier knew at the time it was giving the goods to the wrong person. A warning or information only counts if it reached a carrier officer or agent who could act and they had enough time, using reasonable effort, to stop the delivery. If a negotiable bill of lading was issued, the carrier must take and cancel the bill when delivering. If the carrier delivers without canceling the bill, it must pay damages to someone who bought the bill in good faith for value, whether they bought it before or after delivery. The carrier is also liable if it delivers part of the goods without canceling the bill or without plainly noting the partial delivery and describing what remains. The carrier is not liable in four cases: the delivery was forced by legal process; the goods were lawfully sold to satisfy the carrier’s lien; the goods were not claimed; or the goods are perishable or hazardous.