There Is a Newer Version of the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 73 - Bills of Lading: Special Provisions
Section 7302 - Through bills of lading and similar documents of title
§ 7302. Through bills of lading and similar documents of title.
(a) Liability of issuer.--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 bill or other document for any breach by the other person
or the performing carrier of its obligation under the bill or
other document. However, to the extent that the bill or other
document 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.
(b) Liability of person other than issuer.--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 bill or other document and does not
include liability for breach by any other person or by the
issuer.
(c) Damages.--The issuer of a through bill of lading or
other document of title described in subsection (a) is entitled
to recover from the performing carrier, or other person in
possession of the goods, when the breach of the obligation under
the bill or other document occurred:
(1) the amount it may be required to pay to any person
entitled to recover on the bill or other document for the
breach, as may be evidenced by any receipt, judgment or
transcript of judgment; and
(2) the amount of any expense reasonably incurred by the
issuer in defending any action commenced by any person
entitled to recover on the bill or other document for the
breach.
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