(a) The issuer of a through bill of lading, or other document of title embodying an undertaking to be performed in part by a person acting as its agent or by a performing carrier, is liable to any person entitled to recover on the bill or other document for any breach by the other person or the performing carrier of its obligation under the bill or other document. However, to the extent that the bill or other document covers an undertaking to be performed overseas or in territory not contiguous to the continental United States or an undertaking including matters other than transportation, this liability for breach by the other person or the performing carrier may be varied by agreement of the parties.
(b) If goods covered by a through bill of lading or other document of title embodying an undertaking to be performed in part by a person other than the issuer are received by that person, the person is subject, with respect to its own performance while the goods are in its possession, to the obligation of the issuer. The person's obligation is discharged by delivery of the goods to another person pursuant to the bill or other document and does not include liability for breach by any other person or by the issuer.
(c) The issuer of a through bill of lading or other document of title described in subsection (a) of this section is entitled to recover from the performing carrier, or other person in possession of the goods when the breach of the obligation under the bill or other document occurred:
(1) The amount it may be required to pay to any person entitled to recover on the bill or other document for the breach, as may be evidenced by any receipt, judgment or transcript of judgment; and
(2) The amount of any expense reasonably incurred by the issuer in defending any action commenced by any person entitled to recover on the bill or other document for the breach.
(1959, P.A. 133, S. 7-302; P.A. 04-64, S. 18.)
History: P.A. 04-64 amended section to adopt the 2003 Revision of Uniform Commercial Code Article 7-Documents of Title.
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.