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 non-receipt or misdescription of the goods, except to the extent that the document conspicuously indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, as where the description is in terms of marks or labels or kind, quantity or condition, or the receipt or description is qualified by “contents, condition and quality unknown”, “said to contain” or the like, if such indication be true, or the party or purchaser otherwise has notice.
CREDIT(S)
(Dec. 30, 1963, 77 Stat. 720, Pub. L. 88-243, § 1.)
Prior Uniform Statutory Provision: Section 20, Uniform Warehouse Receipts Act.
Changes: New section confined to problem of non-receipt and misdescription.
Purposes of Changes and New Matter:
This section is a simplified restatement of existing law as to the method by which a bailee may avoid responsibility for the accuracy of descriptions which are made by or in reliance upon information furnished by the depositor. The issuer is liable on documents issued by an agent, contrary to instructions of his principal, without receiving goods. No disclaimer of the latter liability is permitted.
Cross References:
Sections 7-301 and 7-203.
Definitional Cross References:
“Conspicuous”. Section 1-201.
“Document”. Section 7-102.
“Document of title”. Section 1-201.
“Goods”. Section 7-102.
“Issuer”. Section 7-102.
“Notice”. Section 1-201.
“Party”. Section 1-201.
“Purchaser”. Section 1-201.
“Receipt of goods”. Section 2-103.
“Value”. Section 1-201.
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 28:7-203.
1973 Ed., § 28:7-203.