2005 Connecticut Code - Sec. 42a-7-204. Duty of care; contractual limitation of warehouse\'s liability.
Sec. 42a-7-204. Duty of care; contractual limitation of warehouse's liability.
(a) A warehouse is liable for damages for loss of or injury to the goods caused by its
failure to exercise care with regard to the goods that a reasonably careful person would
exercise under similar circumstances. Unless otherwise agreed, the warehouse is not
liable for damages that could not have been avoided by the exercise of that care.
(c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement.
(1959, P.A. 133, S. 7-204; P.A. 04-64, S. 10.)
History: P.A. 04-64 amended section to adopt the 2003 Revision of Uniform Commercial Code Article 7-Documents of Title.
Annotations to former statute (1958 Rev., S. 40-22):
Care required. 73 C. 355; 79 C. 342. There is a presumption of negligence in case of nondelivery. 108 C. 659. Defendant is not an insurer. Destruction of apples by escape of free ammonia held not negligence. 135 C. 424.
Annotations to present section:
Subsec. (2):
Cited. 187 C. 405, 413.
Section is merely declaratory of the common law of this state concerning a bailee's ability to limit liability in a receipt or contract. 34 CS 661, 663.
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