49 U.S.C. § 80111 — Liability for delivery of goods
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 390 words · no verdicts yet
This section makes a carrier liable for certain improper deliveries and for delivering negotiable-bill goods without taking and canceling the bill, subject to listed exceptions.
(a) General Rules. A carrier is liable for damages to a person with title or a right to possess goods when—(1) it delivers to someone not entitled to possession, unless section 80110(b)(2) or (3) authorizes the delivery; (2) it makes a delivery authorized under those paragraphs after a titleholder or person with possession rights asked it not to; or (3) at delivery it knows it is delivering to someone not entitled to possession.
(b) Effectiveness of Request or Information. A request or information counts only if an authorized or apparently authorized carrier officer or agent receives it and has enough time, using reasonable diligence, to stop delivery.
(c) Failure To Take and Cancel Bills. Unless subsection (d) applies, if a carrier delivers goods covered by a negotiable bill without taking and canceling the bill, it is liable for failing to deliver to a good-faith purchaser for value of the bill, whether the purchase came before or after delivery and even if delivery went to the person entitled to the goods. The same applies if part of the goods is delivered without taking and canceling the bill or clearly noting the partial delivery and generally describing the delivered or remaining goods.
(d) Exceptions to Liability. The carrier is not liable for failing to deliver to the consignee, owner, or bill holder if the delivery under subsection (c) was compelled by legal process, the goods were lawfully sold to satisfy the carrier’s lien, the goods were not claimed, or the goods were perishable or hazardous.
A common carrier is liable for damages to a person having title to, or right to possession of, goods when—
the carrier delivers the goods to a person not entitled to their possession unless the delivery is authorized under section 80110(b)(2) or (3) of this title;
the carrier makes a delivery under section 80110(b)(2) or (3) of this title after being requested by or for a person having title to, or right to possession of, the goods not to make the delivery; or
at the time of delivery under section 80110(b)(2) or (3) of this title, the carrier has information it is delivering the goods to a person not entitled to their possession.
A request or information is effective under subsection (a)(2) or (3) of this section only if—
an officer or agent of the carrier, whose actual or apparent authority includes acting on the request or information, has been given the request or information; and
the officer or agent has had time, exercising reasonable diligence, to stop delivery of the goods.
Except as provided in subsection (d) of this section, if a common carrier delivers goods for which a negotiable bill of lading has been issued without taking and canceling the bill, the carrier is liable for damages for failure to deliver the goods to a person purchasing the bill for value in good faith whether the purchase was before or after delivery and even when delivery was made to the person entitled to the goods. The carrier also is liable under this paragraph if part of the goods are delivered without taking and canceling the bill or plainly noting on the bill that a partial delivery was made and generally describing the goods or the remaining goods kept by the carrier.
A common carrier is not liable for failure to deliver goods to the consignee or owner of the goods or a holder of the bill if—
a delivery described in subsection (c) of this section was compelled by legal process;
the goods have been sold lawfully to satisfy the carrier’s lien;
the goods have not been claimed; or
the goods are perishable or hazardous.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1350.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1350
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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