2022 Kentucky Revised Statutes Chapter 355 - Uniform commercial code Article 355.7 - Warehouse Receipts, Bills of Lading, and Other Documents of Title 355.7-302 Through bills of lading and similar documents of title.
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355.7-302 Through bills of lading and similar documents of title.
(1)
(2)
(3)
The issuer of a through bill of lading or other document of title embodying an
undertaking to be performed in part by a person acting as its agent or by a
performing carrier is liable to any person entitled to recover on the document for
any breach by the other person or the performing carrier of its obligation under the
document. However, to the extent that the bill covers an undertaking to be
performed overseas or in territory not contiguous to the continental United States or
an undertaking including matters other than transportation, this liability for breach
by the other person or the performing carrier may be varied by agreement of the
parties.
If goods covered by a through bill of lading or other document of title embodying an
undertaking to be performed in part by a person other than the issuer are received by
that person, the person is subject, with respect to its own performance while the
goods are in its possession, to the obligation of the issuer. The person's obligation is
discharged by delivery of the goods to another person pursuant to the document and
does not include liability for breach by any other person or by the issuer.
The issuer of a through bill of lading or other document of title described in
subsection (1) of this section is entitled to recover from the performing carrier, or
other person in possession of the goods when the breach of the obligation under the
document occurred:
(a) The amount it may be required to pay to any person entitled to recover on the
document for the breach, as may be evidenced by any receipt, judgment, or
transcript of judgment; and
(b) The amount of any expense reasonably incurred by the issuer in defending any
action commenced by any person entitled to recover on the document for the
breach.
Effective: July 12, 2012
History: Repealed and reenacted 2012 Ky. Acts ch. 132, sec. 18, effective July 12,
2012. -- Created 1958 Ky. Acts ch. 77, sec. 7-302, effective July 1, 1960.
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