(a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c) of this section, unless and to the extent that the bailee establishes any of the following:
(1) Delivery of the goods to a person whose receipt was rightful as against the claimant;
(2) Damage to or delay, loss or destruction of the goods for which the bailee is not liable;
(3) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage;
(4) The exercise by a seller of its right to stop delivery pursuant to section 42a-2-705 or by a lessor of its right to stop delivery pursuant to section 42a-2A-719;
(5) A diversion, reconsignment or other disposition pursuant to section 42a-7-303;
(6) Release, satisfaction or any other personal defense against the claimant; or
(7) Any other lawful excuse.
(b) A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid.
(c) Unless a person claiming the goods is a person against which the document of title does not confer a right under subsection (a) of section 42a-7-503:
(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.
(1959, P.A. 133, S. 7-403; P.A. 04-64, S. 27.)
History: P.A. 04-64 amended section to adopt the 2003 Revision of Uniform Commercial Code Article 7-Documents of Title.
See Sec. 40-55 re delivery of goods without obtaining negotiable receipt.
Cited. 187 C. 405.
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.