(a) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care.
(b) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse's liability for conversion to its own use. On request of the bailor in a record at the time of signing the storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouse's liability may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.
(c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement.
(1959, P.A. 133, S. 7-204; P.A. 04-64, S. 10.)
History: P.A. 04-64 amended section to adopt the 2003 Revision of Uniform Commercial Code Article 7-Documents of Title.
Cited. 187 C. 405.
Section is merely declaratory of the common law of this state concerning a bailee's ability to limit liability in a receipt or contract. 34 CS 661.
Structure Connecticut General Statutes
Title 42a - Uniform Commercial Code
Article 7 - Documents of Title
Section 42a-7-101. - Short title: Uniform Commercial Code–Documents of Title.
Section 42a-7-102. - Definitions and index of definitions.
Section 42a-7-103. - Relation of article to treaty or statute.
Section 42a-7-104. - Negotiable and nonnegotiable document of title.
Section 42a-7-105. - Reissuance in alternative medium.
Section 42a-7-106. - Control of electronic document of title.
Section 42a-7-201. - Person that may issue a warehouse receipt; storage under bond.
Section 42a-7-202. - Form of warehouse receipt; effect of omission.
Section 42a-7-203. - Liability for nonreceipt or misdescription.
Section 42a-7-204. - Duty of care; contractual limitation of warehouse's liability.
Section 42a-7-205. - Title under warehouse receipt defeated in certain cases.
Section 42a-7-206. - Termination of storage at warehouse's option.
Section 42a-7-207. - Goods must be kept separate; fungible goods.
Section 42a-7-208. - Altered warehouse receipts.
Section 42a-7-209. - Lien of warehouse.
Section 42a-7-210. - Enforcement of warehouse's lien.
Section 42a-7-302. - Through bills of lading and similar documents of title.
Section 42a-7-303. - Diversion; reconsignment; change of instructions.
Section 42a-7-304. - Tangible bills of lading in a set.
Section 42a-7-305. - Destination bills.
Section 42a-7-306. - Altered bills of lading.
Section 42a-7-307. - Lien of carrier.
Section 42a-7-308. - Enforcement of carrier's lien.
Section 42a-7-309. - Duty of care; contractual limitation of carrier's liability.
Section 42a-7-401. - Irregularities in issue of receipt or bill or conduct of issuer.
Section 42a-7-402. - Duplicate document of title; overissue.
Section 42a-7-403. - Obligation of bailee to deliver; excuse.
Section 42a-7-404. - No liability for good faith delivery pursuant to document of title.
Section 42a-7-501. - Form of negotiation and requirements of due negotiation.
Section 42a-7-502. - Rights acquired by due negotiation.
Section 42a-7-503. - Document of title to goods defeated in certain cases.
Section 42a-7-505. - Endorser not guarantor for other parties.
Section 42a-7-506. - Delivery without endorsement: Right to compel endorsement.
Section 42a-7-507. - Warranties on negotiation or delivery of document of title.
Section 42a-7-508. - Warranties of collecting bank as to documents of title.
Section 42a-7-509. - Adequate compliance with commercial contract.
Section 42a-7-601. - Lost, stolen or destroyed documents of title.
Section 42a-7-602. - Judicial process against goods covered by negotiable document of title.
Section 42a-7-603. - Conflicting claims; interpleader.