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49 U.S.C. § 80111Liability for delivery of goods

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 390 words · no verdicts yet

in plain englishAI-generated · not legal advice

A carrier is liable if it delivers goods to the wrong person, without proper authorization. It's also liable if warned not to deliver, or if it knew delivery was wrong, and did it anyway. But it's excused if court-ordered, sold to cover a lien, unclaimed, or perishable.

(a) General Rules — A common carrier is liable for damages to whoever has title to, or the right to possess, goods when: (1) the carrier delivers the goods to someone not entitled to them, unless the delivery was allowed under section 80110(b)(2) or (3) of this title; (2) the carrier delivers under section 80110(b)(2) or (3) after being asked, by or for the rightful owner or possessor, not to; or (3) at the time of delivery under section 80110(b)(2) or (3), the carrier had information showing it was delivering to the wrong person. (b) Effectiveness of Request or Information — A request or piece of information only counts under subsection (a)(2) or (3) if (1) an officer or agent of the carrier whose authority covers acting on it was given the request or information, and (2) that officer or agent had time, using reasonable diligence, to stop the delivery. (c) Failure To Take and Cancel Bills — Except as subsection (d) provides, if a carrier delivers goods covered by a negotiable bill without taking back and canceling the bill, the carrier is liable for failing to deliver to anyone who bought the bill for value in good faith — whether before or after delivery, even if delivery went to the person actually entitled to the goods. The carrier is also liable if it delivers only part of the goods without canceling the bill or clearly noting on it that a partial delivery happened and describing what was delivered or what's left. (d) Exceptions to Liability — A carrier is not liable for failing to deliver to the consignee, owner, or bill holder if: (1) the delivery described in subsection (c) was forced by legal process; (2) the goods were lawfully sold to satisfy the carrier's lien; (3) the goods went unclaimed; or (4) the goods are perishable or hazardous.
the actual law source: uscode.house.gov ↗public domain
(a)General Rules.—

A common carrier is liable for damages to a person having title to, or right to possession of, goods when—

(1)

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;

(2)

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

(3)

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.

(b)Effectiveness of Request or Information.—

A request or information is effective under subsection (a)(2) or (3) of this section only if—

(1)

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

(2)

the officer or agent has had time, exercising reasonable diligence, to stop delivery of the goods.

(c)Failure To Take and Cancel Bills.—

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.

(d)Exceptions to Liability.—

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—

(1)

a delivery described in subsection (c) of this section was compelled by legal process;

(2)

the goods have been sold lawfully to satisfy the carrier’s lien;

(3)

the goods have not been claimed; or

(4)

the goods are perishable or hazardous.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1350.)

history & why it existsrecord from the source credit
  • 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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