(a) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation or rule of law that imposes liability upon a common carrier for damages not caused by its negligence.
(b) Damages may be limited by a term in the bill of lading or in a transportation agreement that the carrier's liability may not exceed a value stated in the bill or transportation agreement if the carrier's rates are dependent upon value and the consignor is afforded an opportunity to declare a higher value and the consignor is advised of the opportunity. However, such a limitation is not effective with respect to the carrier's liability for conversion to its own use.
(c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the shipment may be included in a bill of lading or a transportation agreement.
(1959, P.A. 133, S. 7-309; P.A. 04-64, S. 24.)
History: P.A. 04-64 amended section to adopt the 2003 Revision of Uniform Commercial Code Article 7-Documents of Title.
Defendant common carrier who received machines and marked bill of lading “received in good order”, held liable for damages found on delivery to destination; common carrier is an insurer except as to classes of shipment excepted under standard bill of lading. 5 Conn. Cir. Ct. 93.
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.