§ 7-302 — Through Bills of Lading and Similar Documents of Title

New York § 7-302

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 3: Bills of Lading: Special Provisions
• Art. 7: Documents of Title

Text

Section 7--302. Through Bills of Lading and Similar Documents of Title.\n (a) The issuer of a through bill of lading, or other document of title\nembodying an undertaking to be performed in part by a person acting as\nits agent or by a performing carrier, is liable to any person entitled\nto recover on the bill or other document for any breach by the other\nperson or the performing carrier of its obligation under the bill or\nother document. However, to the extent that the bill or other document\ncovers an undertaking to be performed overseas or in territory not\ncontiguous to the continental United States or an undertaking including\nmatters other than transportation, this liability for breach by the\nother person or the performing carrier may be varied by agreement of the\nparties.\n (b) If goods covered by a through bill of lading or other document of\ntitle embodying an undertaking to be performed in part by a person other\nthan the issuer are received by that person, the person is subject, with\nrespect to its own performance while the goods are in its possession, to\nthe obligation of the issuer. The person's obligation is discharged by\ndelivery of the goods to another person pursuant to the bill or other\ndocument and does not include liability for breach by any other person\nor by the issuer.\n (c) The issuer of a through bill of lading or other document of title\ndescribed in subsection (a) is entitled to recover from the performing\ncarrier, or other person in possession of the goods when the breach of\nthe obligation under the bill or other document occurred:\n (1) the amount it may be required to pay to any person entitled to\nrecover on the bill or other document for the breach, as may be\nevidenced by any receipt, judgment, or transcript of judgment; and\n (2) the amount of any expense reasonably incurred by the issuer in\ndefending any action commenced by any person entitled to recover on the\nbill or other document for the breach.\n