2013 US Code
Title 49 - Transportation
Subtitle X - MISCELLANEOUS (§§ 80101 - 80504)
Chapter 801 - BILLS OF LADING (§§ 80101 - 80116)
Section 80107 - Warranties and liability
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE X - MISCELLANEOUS CHAPTER 801 - BILLS OF LADING Sec. 80107 - Warranties and liability |
Contains | section 80107 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1349. |
Statutes at Large References | 39 Stat. 541 108 Stat. 1349 |
Public Law Reference | Public Law 103-272 |
Download PDF
(a)
(1) the bill is genuine;
(2) the person has the right to transfer the bill and the title to the goods described in the bill;
(3) the person does not know of a fact that would affect the validity or worth of the bill; and
(4) the goods are merchantable or fit for a particular purpose when merchantability or fitness would have been implied if the agreement of the parties had been to transfer the goods without a bill of lading.
(b)
(1) the genuineness of the bill; or
(2) the quantity or quality of the goods described in the bill.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1349.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
80107(a) | 49 App.:114. | Aug. 29, 1916, ch. 415, §§15, 34–36, 39 Stat. 541, 543. |
80107(b) | 49 App.:116. | |
80107(c) | 49 App.:95. | |
80107(d) | 49 App.:115. |
In subsection (a), before clause (1), the words "by indorsement or delivery" are omitted as surplus. In clause (4), the words "merchantability or fitness" are substituted for "such warranties", and the words "the goods without a bill of lading" are substituted for "without a bill the goods represented thereby", for clarity.
In subsection (b), before clause (1), the words "person holding" are substituted for "mortgagee or pledgee or other holder" because they are inclusive. The words "from another person" are substituted for "whether from a party to a draft drawn for such debt or from any other person" to eliminate unnecessary words. The words "does not warrant by the demand or receipt" are substituted for "shall not be deemed by so doing to represent or warrant" for clarity.
In subsection (c), the words "A common carrier issuing . . . is liable" are substituted for "plainly shall impose upon the carrier issuing the same the liability" for clarity and to eliminate unnecessary words. The words "The carrier is not otherwise liable under the bill" are substituted for "but no other liability" for clarity.
In subsection (d), the word "respective" is omitted as unnecessary.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.