Title 49 — Transportation
Chapter 801 — Bills of Lading
§ 80111. Liability for delivery of goods
Statutory text
General Rules.—
A common carrier is liable for damages to a person having title to, or right to possession of, goods when—
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;
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
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.
Effectiveness of Request or Information.—
A request or information is effective under subsection (a)(2) or (3) of this section only if—
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
the officer or agent has had time, exercising reasonable diligence, to stop delivery of the goods.
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.
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—
a delivery described in subsection (c) of this section was compelled by legal process;
the goods have been sold lawfully to satisfy the carrier’s lien;
the goods have not been claimed; or
the goods are perishable or hazardous.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 80111
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1350.)
Source evidence
Code source credit
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1350.)Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
1 of 1 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 80111(a) | 49 App.:90 (less last par.). | Aug. 29, 1916, ch. 415, §§ 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. | ||
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.