Sec. 42a-7-302. Through bills of lading and similar documents of title.
Sec. 42a-7-302. Through bills of lading and similar documents of title. (a) The
issuer of a through bill of lading, or other document of title embodying an undertaking
to be performed in part by a person acting as its agent or by a performing carrier, is
liable to any person entitled to recover on the bill or other document for any breach by the
other person or the performing carrier of its obligation under the bill or other document.
However, to the extent that the bill or other document covers an undertaking to be
performed overseas or in territory not contiguous to the continental United States or an
undertaking including matters other than transportation, this liability for breach by the
other person or the performing carrier may be varied by agreement of the parties.
(b) If goods covered by a through bill of lading or other document of title embodying
an undertaking to be performed in part by a person other than the issuer are received by
that person, the person is subject, with respect to its own performance while the goods
are in its possession, to the obligation of the issuer. The person's obligation is discharged
by delivery of the goods to another person pursuant to the bill or other document and
does not include liability for breach by any other person or by the issuer.
(c) The issuer of a through bill of lading or other document of title described in
subsection (a) of this section is entitled to recover from the performing carrier, or other
person in possession of the goods when the breach of the obligation under the bill or
other document occurred:
(1) The amount it may be required to pay to any person entitled to recover on the
bill or other document for the breach, as may be evidenced by any receipt, judgment or
transcript of judgment; and
(2) The amount of any expense reasonably incurred by the issuer in defending any
action commenced by any person entitled to recover on the bill or other document for
the breach.
(1959, P.A. 133, S. 7-302; P.A. 04-64, S. 18.)
History: P.A. 04-64 amended section to adopt the 2003 Revision of Uniform Commercial Code Article 7-Documents
of Title.