TITLE 6A

Uniform Commercial Code

CHAPTER 6A-7

Documents of Title

PART 6A-7-301

Bills of Lading: Special Provisions

SECTION 6A-7-302



   § 6A-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) 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.



History of Section.

(P.L. 2006, ch. 112, § 6; P.L. 2006, ch. 135, § 6.)