Source: L. 2006: Entire article R&RE, p. 479, § 2, effective September 1. L. 2007: Entire section amended, p. 369, § 12, effective August 3.
Editor's note: This section is similar to former § 4-7-302 as it existed prior to 2006.
Prior Uniform Statutory Provision: Former Section 7-302.
Changes: To conform to current terminology and for style.
Purposes:
The purpose of this section is to subject the initial carrier under a through bill to suit for breach of the contract of carriage by any performing carrier and to make it clear that any such performing carrier holds the goods on terms which are defined by the document of title even though such performing carrier did not issue the document. Since the performing carrier does hold the goods on the terms of the document, it must honor a proper demand for delivery or a diversion order just as the original bailee would have to. Similarly it has the benefits of the excuses for non-delivery and limitations of liability provided for the original bailee who issued the bill. Unlike the original bailee-issuer, the performing carrier's responsibility is limited to the period while the goods are in its possession. The section does not impose any obligation to issue through bills.
Cross reference: Section 7-103
Definitional Cross References:
"Agreement". Section 1-201.
"Bailee". Section 7-102.
"Bill of lading". Section 1-201.
"Delivery". Section 1-201.
"Document of title". Section 1-201.
"Goods". Section 7-102.
"Issuer". Section 7-102.
"Party". Section 1-201.
"Person". Section 1-201.
Structure Colorado Code
Title 4 - Uniform Commercial Code
Article 7 - Documents of Title
Part 3 - Bills of Lading - Special Provisions
§ 4-7-302. Through Bills of Lading and Similar Documents of Title
§ 4-7-303. Diversion - Reconsignment - Change of Instructions
§ 4-7-304. Tangible Bills of Lading in a Set
§ 4-7-306. Altered Bills of Lading
§ 4-7-308. Enforcement of Carrier's Lien
§ 4-7-309. Duty of Care - Contractual Limitation of Carrier's Liability