49-U.S.C.-80107

§80107 – Warranties and Liability

Pathway

Title 49 > Subtitle X > Chapter 801 > Section 80107

Details

• Reference: Section 80107
• Legend: §80107 – Warranties and Liability
• USCode Year: 2013

Provision Content

(a) General Rule.—Unless a contrary intention appears, a person negotiating or transferring a bill of lading for value warrants that—

(1) the bill is genuine;

(2) the person has the right to transfer the bill and the title to the goods described in the bill;

(3) the person does not know of a fact that would affect the validity or worth of the bill; and

(4) the goods are merchantable or fit for a particular purpose when merchantability or fitness would have been implied if the agreement of the parties had been to transfer the goods without a bill of lading.

(b) Security for Debt.—A person holding a bill of lading as security for a debt and in good faith demanding or receiving payment of the debt from another person does not warrant by the demand or receipt—

(1) the genuineness of the bill; or

(2) the quantity or quality of the goods described in the bill.

(c) Duplicates.—A common carrier issuing a bill of lading, on the face of which is the word duplicate or another word indicating that the bill is not an original bill, is liable the same as a person that represents and warrants that the bill is an accurate copy of an original bill properly issued. The carrier is not otherwise liable under the bill.

(d) Indorser Liability.—Indorsement of a bill of lading does not make the indorser liable for failure of the common carrier or a previous indorser to fulfill its obligations.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1349.)

In subsection (a), before clause (1), the words by indorsement or delivery are omitted as surplus. In clause (4), the words merchantability or fitness are substituted for such warranties, and the words the goods without a bill of lading are substituted for without a bill the goods represented thereby, for clarity.

In subsection (b), before clause (1), the words person holding are substituted for mortgagee or pledgee or other holder because they are inclusive. The words from another person are substituted for whether from a party to a draft drawn for such debt or from any other person to eliminate unnecessary words. The words does not warrant by the demand or receipt are substituted for shall not be deemed by so doing to represent or warrant for clarity.

In subsection (c), the words A common carrier issuing . . . is liable are substituted for plainly shall impose upon the carrier issuing the same the liability for clarity and to eliminate unnecessary words. The words The carrier is not otherwise liable under the bill are substituted for but no other liability for clarity.

In subsection (d), the word respective is omitted as unnecessary.

U.S. Encyclopedia of Law Coverage

49-U.S.C.-60137 in the Legal Encyclopedia: Transportation

In this entry about 49-U.S.C.-60137, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.

Topic Map

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