§ 80111. — Liability for delivery of goods.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC80111]
TITLE 49--TRANSPORTATION
SUBTITLE X--MISCELLANEOUS
CHAPTER 801--BILLS OF LADING
Sec. 80111. Liability for delivery of goods
(a) General Rules.--A common carrier is liable for damages to a
person having title to, or right to possession of, goods when--
(1) the carrier delivers the goods to a person not entitled to
their possession unless the delivery is authorized under section
80110(b)(2) or (3) of this title;
(2) the carrier makes a delivery under section 80110(b)(2) or
(3) of this title after being requested by or for a person having
title to, or right to possession of, the goods not to make the
delivery; or
(3) at the time of delivery under section 80110(b)(2) or (3) of
this title, the carrier has information it is delivering the goods
to a person not entitled to their possession.
(b) Effectiveness of Request or Information.--A request or
information is effective under subsection (a)(2) or (3) of this section
only if--
(1) an officer or agent of the carrier, whose actual or apparent
authority includes acting on the request or information, has been
given the request or information; and
(2) the officer or agent has had time, exercising reasonable
diligence, to stop delivery of the goods.
(c) Failure To Take and Cancel Bills.--Except as provided in
subsection (d) of this section, if a common carrier delivers goods for
which a negotiable bill of lading has been issued without taking and
canceling the bill, the carrier is liable for damages for failure to
deliver the goods to a person purchasing the bill for value in good
faith whether the purchase was before or after delivery and even when
delivery was made to the person entitled to the goods. The carrier also
is liable under this paragraph if part of the goods are delivered
without taking and canceling the bill or plainly noting on the bill that
a partial delivery was made and generally describing the goods or the
remaining goods kept by the carrier.
(d) Exceptions to Liability.--A common carrier is not liable for
failure to deliver goods to the consignee or owner of the goods or a
holder of the bill if--
(1) a delivery described in subsection (c) of this section was
compelled by legal process;
(2) the goods have been sold lawfully to satisfy the carrier's
lien;
(3) the goods have not been claimed; or
(4) the goods are perishable or hazardous.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1350.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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80111(a).............................. 49 App.:90 (less last par.). Aug. 29, 1916, ch. 415, Secs. 10-12,
26, 39 Stat. 540, 542.
80111(b).............................. 49 App.:90 (last par.).
80111(c).............................. 49 App.:91 (words after 2d
comma).
49 App.:92 (words after 2d
comma).
80111(d).............................. 49 App.:91 (words before 2d
comma).
49 App.:92 (words before 2d
comma).
49 App.:106.
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In subsection (a), before clause (1), the word ``title'' is
substituted for ``right of property'' for consistency in this chapter.
In subsection (c), the words ``negotiable bill of lading'' are
substituted for ``order bill . . . the negotiation of which would
transfer the right to the possession of the goods'' in 49 App.:91 for
consistency in this chapter.
Section Referred to in Other Sections
This section is referred to in section 80110 of this title.
