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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

in plain englishAI-generated · not legal advice

This section states when a carrier must deliver goods, who may receive them, and how the carrier may handle competing claims.

(a) General Rules. Unless the carrier proves a legal excuse, it must deliver goods covered by a bill when demanded by the consignee named in a nonnegotiable bill or by the holder of a negotiable bill, if the demander—(1) in good faith offers to satisfy the carrier’s lien; (2) possesses the bill and, if negotiable, offers to indorse and give it to the carrier; and (3) agrees to sign a delivery receipt if the carrier requests one.

(b) Persons to Whom Goods May Be Delivered. Subject to section 80111, the carrier may deliver to—(1) a person entitled to possession; (2) the consignee named in a nonnegotiable bill; or (3) a negotiable-bill possessor if the goods are deliverable to that person’s order or the consignee or another indorsee indorsed the bill to that person or in blank.

(c) Common Carrier Claims of Title and Possession. A carrier’s claim that it owns or may possess the goods excuses nondelivery only if that title or right comes from a transfer by the consignor or consignee after shipment or from the carrier’s lien.

(d) Adverse Claims. If someone other than the consignee or bill possessor claims title or possession and the carrier knows of it, the carrier need not deliver until it has reasonable time to decide the claim’s validity or file a civil action requiring all claimants to litigate their claims together.

(e) Interpleader. If at least 2 people claim title or possession, the carrier may file such an action or require the claimants to litigate together as a defense in a nondelivery action.

(f) Third Person Claims Not a Defense. Except under subsections (b), (d), and (e), a third person’s title or right is not a defense to a consignee’s or bill holder’s nondelivery action unless 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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