49-U.S.C.-80110
§80110 – Duty to Deliver Goods
Pathway
Title 49 > Subtitle X > Chapter 801 > Section 80110
Details
- Reference: Section 80110
- Legend: §80110 – Duty to Deliver Goods
- USCode Year: 2013
Provision Content
(a) General Rules.—Except to the extent a common carrier establishes an excuse provided by law, the carrier must deliver goods covered by a bill of lading on demand of the consignee named in a nonnegotiable bill or the holder of a negotiable bill for the goods when the consignee or holder—
(1) offers in good faith to satisfy the lien of the carrier on the goods;
(2) has possession of the bill and, if a negotiable bill, offers to indorse and give the bill to the carrier; and
(3) agrees to sign, on delivery of the goods, a receipt for delivery if requested by the carrier.
(b) Persons to Whom Goods May Be Delivered.—Subject to section 80111 of this title, a common carrier may deliver the goods covered by a bill of lading to—
(1) a person entitled to their possession;
(2) the consignee named in a nonnegotiable bill; or
(3) a person in possession of a negotiable bill if—
(A) the goods are deliverable to the order of that person; or
(B) the bill has been indorsed to that person or in blank by the consignee or another indorsee.
(c) Common Carrier Claims of Title and Possession.—A claim by a common carrier that the carrier has title to goods or right to their possession is an excuse for nondelivery of the goods only if the title or right is derived from—
(1) a transfer made by the consignor or consignee after the shipment; or
(2) the carriers lien.
(d) Adverse Claims.—If a person other than the consignee or the person in possession of a bill of lading claims title to or possession of goods and the common carrier knows of the claim, the carrier is not required to deliver the goods to any claimant until the carrier has had a reasonable time to decide the validity of the adverse claim or to bring a civil action to require all claimants to interplead.
(e) Interpleader.—If at least 2 persons claim title to or possession of the goods, the common carrier may—
(1) bring a civil action to interplead all known claimants to the goods; or
(2) require those claimants to interplead as a defense in an action brought against the carrier for nondelivery.
(f) Third Person Claims Not a Defense.—Except as provided in subsections (b), (d), and (e) of this section, title or a right of a third person is not a defense to an action brought by the consignee of a nonnegotiable bill of lading or by the holder of a negotiable bill against the common carrier for failure to deliver the goods on demand unless enforced by legal process.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1349.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80110(a) | 49 App.:88. | Aug. 29, 1916, ch. 415, §§8, 9, 16–19, 39 Stat. 539, 541. |
| 80110(b) | 49 App.:89. | |
| 80110(c) | 49 App.:96. | |
| 80110(d) | 49 App.:98. | |
| 80110(e) | 49 App.:97. | |
| 80110(f) | 49 App.:99. |
In subsection (a), before clause (1), the words Except to the extent a common carrier establishes an excuse provided by law are substituted for in the absence of some lawful excuse and In case the carrier refuses or fails to deliver the goods, in compliance with a demand by the consignee or holder so accompanied, the burden shall be upon the carrier to establish the existence of a lawful excuse for such refusal or failure for clarity and to eliminate unnecessary words. The word must is substituted for is bound to for clarity. The words if such a demand is accompanied by are omitted as unnecessary because of the restatement. In clause (1), the word lawful is omitted as unnecessary because of the restatement. In clause (2), the word properly is omitted as surplus. In clause (3), the word agrees is substituted for A readiness and willingness for clarity. The word receipt is substituted for acknowledgment for consistency. The words if such signature are omitted as unnecessary.
In subsection (b), before clause (1), the word may is substituted for is justified . . . in because it is more accurate. In clause (1), the word entitled is substituted for lawfully entitled to eliminate an unnecessary word. In clause (3), before subclause (A), the word if is substituted for by the terms of which for clarity. In subclause (B), the words another indorsee are substituted for by the mediate or immediate indorsee of the consignee as being inclusive.
In subsection (c), before clause (1), the words for his own benefit are omitted as surplus. The words nondelivery of are substituted for refusing to deliver because they are more accurate. The words according to the terms of a bill issued for them are omitted as unnecessary. In clause (1), the words directly or indirectly are omitted as unnecessary.
In subsection (d), the word person is substituted for someone for consistency in this chapter. The words claims title are substituted for has a claim to the title for consistency. The words is not required to are substituted for shall be excused from liability for refusing to for clarity. The words any claimant are substituted for either to the consignee or person in possession of the bill or to the adverse claimant to eliminate unnecessary words. The words civil action are substituted for legal proceedings for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (e), before clause (1), the words at least 2 are substituted for more than one for consistency in the revised title and with other titles of the United States Code. In clause (1), the words civil action are substituted for an original suit for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words whichever is appropriate are 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.
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