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49 U.S.C. § 80107 — Warranties and liability

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 256 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section states warranties made when a bill of lading is negotiated or transferred and limits certain warranties and indorser liability.

(a) General Rule. Unless the parties show a contrary intent, a person who negotiates or transfers a bill for value warrants that—(1) it is genuine; (2) the person may transfer it and title to the described goods; (3) the person does not know a fact affecting the bill’s validity or value; and (4) the goods are merchantable or fit for a particular purpose when that warranty would have been implied if the parties had transferred the goods without a bill.

(b) Security for Debt. A person holding a bill as security for a debt does not, by demanding or receiving payment in good faith, warrant the bill’s genuineness or the quantity or quality of the described goods.

(c) Duplicates. If a carrier issues a bill marked “duplicate” or another word showing it is not original, the carrier is liable as someone representing and warranting that it accurately copies a properly issued original. The carrier has no other liability under the bill.

(d) Indorser Liability. Indorsing a bill does not make the indorser liable because the carrier or an earlier indorser failed to perform its obligations.

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

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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