(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 a warehouse’s lawful termination of storage;
(d) The exercise by a seller of its right to stop delivery pursuant to ORS 72.7050 or by a lessor of its right to stop delivery pursuant to ORS 72A.5260;
(e) A diversion, reconsignment or other disposition pursuant to ORS 77.3030;
(f) Release, satisfaction or any other personal defense against the claimant; or
(g) Any other lawful excuse.
(2) A person claiming goods covered by a document of title shall satisfy the bailee’s lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid.
(3) Unless a person claiming the goods is a person against which the document of title does not confer a right under ORS 77.5030 (1):
(a) The person claiming under the document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and
(b) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated. [1961 c.726 §77.4030; 2009 c.181 §75]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 077 - Warehouse Receipts, Bills of Lading and Other Documents of Title
Section 77.1020 - Definitions and index of definitions.
Section 77.1030 - Relation of chapter to treaty or statute.
Section 77.1040 - Negotiable and nonnegotiable document of title.
Section 77.1050 - Reissuance in alternative medium.
Section 77.1060 - Control of electronic document of title.
Section 77.2010 - Person that may issue a warehouse receipt; storage under bond.
Section 77.2020 - Form of warehouse receipt; effect of omission.
Section 77.2030 - Liability for nonreceipt or misdescription.
Section 77.2040 - Duty of care; contractual limitation of warehouse’s liability.
Section 77.2060 - Termination of storage at warehouse’s option.
Section 77.2070 - Goods must be kept separate; fungible goods.
Section 77.2090 - Lien of warehouse.
Section 77.2100 - Enforcement of warehouse’s lien.
Section 77.3020 - Through bills of lading and similar documents of title.
Section 77.3030 - Diversion; reconsignment; change of instructions.
Section 77.3040 - Bills of lading in a set.
Section 77.3050 - Destination bills.
Section 77.3070 - Lien of carrier.
Section 77.3080 - Enforcement of carrier’s lien.
Section 77.3090 - Duty of care; contractual limitation of carrier’s liability.
Section 77.4010 - Irregularities in issue of receipt or bill or conduct of issuer.
Section 77.4030 - Obligation of bailee to deliver; excuse.
Section 77.4040 - No liability for good faith delivery pursuant to document of title.
Section 77.5010 - Form of negotiation and requirements of due negotiation.
Section 77.5020 - Rights acquired by due negotiation.
Section 77.5030 - Document of title to goods defeated in certain cases.
Section 77.5070 - Warranties on negotiation or delivery of document of title.
Section 77.5090 - Adequate compliance with commercial contract.
Section 77.6010 - Lost, stolen or destroyed documents of title.