2005 Illinois 810 ILCS 5/ Uniform Commercial Code. Part 4 - Warehouse Receipts And Bills Of Lading: General Obligations
(810 ILCS 5/Art. 7 Pt. 4 heading)
PART 4.
WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS
(810 ILCS 5/7‑401) (from Ch. 26, par. 7‑401)
Sec. 7‑401.
Irregularities in issue of receipt or bill or conduct of issuer.
The obligations imposed by this Article on an issuer apply to a document
of title regardless of the fact that
(a) the document may not comply with the requirements of this Article
or of any other law or regulation regarding its issue, form or content; or
(b) the issuer may have violated laws regulating the conduct of his
business; or
(c) the goods covered by the document were owned by the bailee at the
time the document was issued; or
(d) the person issuing the document does not come within the
definition of warehouseman if it purports to be a warehouse receipt.
(Source: Laws 1961, p. 2101.)
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(810 ILCS 5/7‑402) (from Ch. 26, par. 7‑402)
Sec. 7‑402.
Duplicate receipt or bill; overissue.
Neither a duplicate nor any other document of title purporting to cover
goods already represented by an outstanding document of the same issuer
confers any right in the goods, except as provided in the case of bills in
a set, overissue of documents for fungible goods and substitutes for lost,
stolen or destroyed documents. But the issuer is liable for damages caused
by his overissue or failure to identify a duplicate document as such by
conspicuous notation on its face.
(Source: Laws 1961, p. 2101.)
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(810 ILCS 5/7‑403) (from Ch. 26, par. 7‑403)
Sec. 7‑403.
Obligation of warehouseman or carrier to deliver; excuse.
(1) The bailee must deliver the goods to a person entitled under the
document who complies with subsections (2) and (3), unless and to the
extent that the bailee establishes any of the following:
(a) delivery of the goods to a person whose receipt was rightful as
against the claimant;
(b) damage to or delay, loss or destruction of the goods for which
the bailee is not liable;
(c) previous sale or other disposition of the goods in lawful
enforcement of a lien or on warehouseman's lawful termination of storage;
(d) the exercise by a seller of his right to stop delivery pursuant
to the provisions of the Article on Sales (Section 2‑‑705);
(e) a diversion, reconsignment or other disposition pursuant to the
provisions of this Article (Section 7‑‑303) or tariff regulating such
right;
(f) release, satisfaction or any other fact affording a personal
defense against the claimant;
(g) any other lawful excuse.
(2) A person claiming goods covered by a document of title must satisfy
the bailee's lien where the bailee so requests or where the bailee is
prohibited by law from delivering the goods until the charges are paid.
(3) Unless the person claiming is one against whom the document confers
no right under Section 7‑‑503(1), he must surrender for cancellation or
notation of partial deliveries any outstanding negotiable document covering
the goods, and the bailee must cancel the document or conspicuously note
the partial delivery thereon or be liable to any person to whom the
document is duly negotiated.
(4) "Person entitled under the document" means holder in the case of a
negotiable document, or the person to whom delivery is to be made by the
terms of or pursuant to written instructions under a non‑negotiable
document.
(Source: Laws 1961, p. 2101.)
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(810 ILCS 5/7‑404) (from Ch. 26, par. 7‑404)
Sec. 7‑404.
No liability for good faith delivery pursuant to receipt
of bill.
A bailee who in good faith including observance of reasonable
commercial standards has received goods and delivered or otherwise
disposed of them according to the terms of the document of title or
pursuant to this Article is not liable therefor. This rule applies even
though the person from whom he received the goods had no authority to
procure the document or to dispose of the goods and even though the
person to whom he delivered the goods had no authority to receive them.
(Source: Laws 1961, p. 2101.)
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