2021 Oregon Revised Statutes
Chapter 077 - Warehouse Receipts, Bills of Lading and Other Documents of Title
Section 77.5040 - Rights acquired in the absence of due negotiation; effect of diversion; stoppage of delivery.


(2) In the case of a transfer of a nonnegotiable document of title, until but not after the bailee receives notice of the transfer, the rights of the transferee may be defeated:
(a) By those creditors of the transferor which could treat the transfer as void under ORS 72.4020 or 72A.3080;
(b) By a buyer from the transferor in ordinary course of business if the bailee has delivered the goods to the buyer or received notification of the buyer’s rights;
(c) By a lessee from the transferor in ordinary course of business if the bailee has delivered the goods to the lessee or received notification of the lessee’s rights; or
(d) As against the bailee by good faith dealings of the bailee with the transferor.
(3) A diversion or other change of shipping instructions by the consignor in a nonnegotiable bill of lading which causes the bailee not to deliver the goods to the consignee defeats the consignee’s title to the goods if the goods have been delivered to a buyer in ordinary course of business or lessee in ordinary course of business and, in any event, defeats the consignee’s rights against the bailee.
(4) Delivery of the goods pursuant to a nonnegotiable document of title may be stopped by a seller under ORS 72.7050 or a lessor under ORS 72A.5260 subject to the requirements of due notification in those sections. A bailee that honors the seller’s or lessor’s instructions is entitled to be indemnified by the seller or lessor against any resulting loss or expense. [1961 c.726 §77.5040; 2009 c.181 §80]

Structure 2021 Oregon Revised Statutes

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 77.3010 - Liability for nonreceipt or misdescription; said to contain; shipper’s weight, load and count; improper handling.

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 77.5040 - Rights acquired in the absence of due negotiation; effect of diversion; stoppage of delivery.

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.