Colorado Code
Part 4 - Warehouse Receipts and Bills of Lading - General Obligations
§ 4-7-403. Obligation of Bailee to Deliver - Excuse

(1) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and
(2) 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.

Source: L. 2006: Entire article R&RE, p. 483, § 2, effective September 1. L. 2007: IP(a), (a)(6), (b), IP(c), and (c)(2) amended, p. 371, § 17, effective August 3.
Editor's note: This section is similar to former § 4-7-403 as it existed prior to 2006.
Prior Uniform Statutory Provision: Former Section 7-403.
Changes: Definition in former Section 7-403(4) moved to Section 7-102; bracketed language in former Section 7-403(1)(b) deleted; added cross reference to Section 2A-526; changes for style.
Purposes:






The bracketed language found in former Section 7-403(1)(b) has been deleted thereby leaving the allocations of the burden of going forward with the evidence and the burden of proof to the procedural law of the various states.
Subsection (a)(4) contains a cross reference to both the seller's and the lessor's rights to stop delivery under Article 2 and Article 2A respectively.
Cross References:
Point 2: Sections 7-502 and 7-503.
Point 3: Sections 2-705, 2A-526, 7-103, 7-204, and 7-309 and 10-103.
Point 4: Sections 7-209, 7-307 and 7-603.
Point 5: Section 7-503(1).
Point 6: Sections 7-601, 7-602, and 7-603.
Definitional Cross References:
"Bailee". Section 7-102.
"Conspicuous". Section 1-201.
"Delivery". Section 1-201.
"Document of title". Section 1-201.
"Duly negotiate". Section 7-501.
"Goods". Section 7-102.
"Lessor". Section 2A-103.
"Person". Section 1-201.
"Receipt of goods". Section 2-103.
"Right". Section 1-201.
"Terms". Section 1-201.
"Warehouse". Section 7-102.

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