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The Vermont Statutes Online



Title

09A

:
Uniform Commercial Code






Chapter

007

:
Documents of Title











 

§

7-302. Through bills of lading and similar documents of title

(a) The issuer

of a through bill of lading, or other document of title embodying an

undertaking to be performed in part by a person acting as its agent or by a

performing carrier, is liable to any person entitled to recover on the bill or

other document for any breach by the other person or the performing carrier of

its obligation under the bill or other document. However, to the extent that

the bill or other document covers an undertaking to be performed overseas or in

territory not contiguous to the continental United States or an undertaking

including matters other than transportation, this liability for breach by the

other person or the performing carrier may be varied by agreement of the parties.

(b) If goods

covered by a through bill of lading or other document of title embodying an

undertaking to be performed in part by a person other than the issuer are

received by that person, the person is subject, with respect to its own

performance while the goods are in its possession, to the obligation of the

issuer. The person's obligation is discharged by delivery of the goods to

another person pursuant to the bill or other document and does not include

liability for breach by any other person or by the issuer.

(c) The issuer

of a through bill of lading or other document of title described in subsection

(a) of this section is entitled to recover from the performing carrier, or

other person in possession of the goods when the breach of the obligation under

the bill or other document occurred:

(1) the amount

it may be required to pay to any person entitled to recover on the bill or

other document for the breach, as may be evidenced by any receipt, judgment, or

transcript of judgment; and

(2) the amount

of any expense reasonably incurred by the issuer in defending any action

commenced by any person entitled to recover on the bill or other document for

the breach. (Added 2015, No. 51, § B.3, eff. June 3, 2015.)