(a) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor’s nominee with:
(A) Actual or apparent authority to ship, store or sell;
(B) Power to obtain delivery under ORS 77.4030; or
(C) Power of disposition under ORS 72.4030, 72A.3040 (2), 72A.3050 (2), 79.0320 or 79.0321 (3) or other statute or rule of law; or
(b) Acquiesce in the procurement by the bailor or its nominee of any document.
(2) Title to goods based upon an unaccepted delivery order is subject to the rights of any person to which a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. That title may be defeated under ORS 77.5040 to the same extent as the rights of the issuer or a transferee from the issuer.
(3) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with ORS 77.4010 to 77.4040 pursuant to its own bill of lading discharges the carrier’s obligation to deliver. [1961 c.726 §77.5030; 2001 c.445 §150; 2009 c.181 §79]
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.