§ 26-1-7-403 — Obligation of warehouse or carrier to deliver; excuse

Indiana § 26-1-7-403

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 1: UNIFORM COMMERCIAL CODE
• Ch. 7: Documents of Title

Text

(a) A bailee shall deliver the goods to a
person entitled under a document of title if the person complies with
subsections (b) and (c), unless and to the extent that the bailee
establishes any of the following:
(1) Delivery of the goods to a person whose receipt was rightful
as against the claimant.
(2) Damage to or delay, loss, or destruction of the goods for which
the bailee is not liable.
(3) Previous sale or other disposition of the goods in lawful
enforcement of a lien or on a warehouse's lawful termination of
storage.
(4) The exercise by a seller of its right to stop delivery pursuant
to the provisions of IC 26-1-2-705 or by a lessor of its right to
stop delivery under IC 26-1-2.1-526.
(5) A diversion, reconsignment, or other disposition pursuant to
section 303 of this chapter.
(6) Release, satisfaction, or any other personal defense against the
claimant.
(7) Any other lawful excuse.
(b) A person claiming goods covered by a document of title shall
satisfy the bailee's lien if the bailee so requests or if the bailee is
prohibited by law from delivering the goods until the charges are paid.
(c) Unless a person claiming the goods is a person against which the
document of title does not confer a right under section 503(a) of this
chapter:
(1) the person claiming the goods under a document shall
surrender possession or control of any outstanding negotiable
document covering the goods for cancellation or indication of
partial deliveries; and
(2) the bailee shall cancel the document or conspicuously indicate
in the document the partial delivery or the bailee is liable to any
person to which the document is duly negotiated.
Formerly: Acts 1963, c.317, s.7-403; Acts 1973, P.L.265,
SEC.1. As amended by P.L.152-1986, SEC.255; P.L.143-2007,
SEC.50.