49 U.S.C. § 80110 — Duty to deliver goods

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 454 words · no verdicts yet

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A carrier must deliver goods to whoever validly holds the bill and satisfies the carrier's lien. The carrier may deliver to the named consignee, the rightful bill holder, or an authorized person. If different people claim the goods, the carrier can wait a reasonable time or sue to interplead them.

(a) General Rules — Unless the carrier has a legal excuse, it must deliver goods covered by a bill of lading on demand from the named consignee (nonnegotiable bill) or the holder (negotiable bill), when that person: (1) offers in good faith to satisfy the carrier's lien on the goods; (2) has possession of the bill and, if it's negotiable, offers to indorse it and hand it to the carrier; and (3) agrees to sign a delivery receipt if the carrier asks. (b) Persons to Whom Goods May Be Delivered — Subject to section 80111 of this title, a carrier may deliver the goods to: (1) a person entitled to possess them; (2) the consignee named on a nonnegotiable bill; or (3) a person who possesses a negotiable bill, if (A) the goods are to go to that person's order, or (B) the consignee or another indorsee has indorsed the bill to that person or in blank. (c) Common Carrier Claims of Title and Possession — A carrier's claim that it has title to the goods, or a right to keep them, excuses nondelivery only if that title or right comes from (1) a transfer the consignor or consignee made after shipping, or (2) the carrier's own lien. (d) Adverse Claims — If someone other than the consignee or bill holder claims title or possession, and the carrier knows about it, the carrier does not have to deliver to anyone until it has had reasonable time to judge the claim, or to sue to force all claimants to interplead. (e) Interpleader — If two or more people claim the goods, the carrier may (1) sue to interplead all known claimants, or (2) make the claimants interplead as a defense in a suit brought against the carrier for nondelivery. (f) Third Person Claims Not a Defense — Except as subsections (b), (d), and (e) allow, a third person's title or right is not a defense to a suit that a nonnegotiable bill's consignee, or a negotiable bill's holder, brings against the carrier for failing to deliver on demand, unless that third-party claim was enforced through legal process.

the actual law source: uscode.house.gov ↗public domain

(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 carrier’s 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.

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

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 1349

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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