District of Columbia Code
Part 1 - General
§ 28:7–203. Liability for nonreceipt or misdescription

A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that:
(1) The document conspicuously indicates that the issuer does not know whether all or part of the goods in fact were received or conform to the description, such as a case in which the description is in terms of marks or labels or kind, quantity, or condition, or the receipt or description is qualified by “contents, condition, and quality unknown”, “said to contain”, or words of similar import, if the indication is true; or
(2) The party or purchaser otherwise has notice of the nonreceipt or misdescription.
(Dec. 30, 1963, 77 Stat. 720, Pub. L. 88-243, § 1; Apr. 27, 2013, D.C. Law 19-299, § 9, 60 DCR 2634.)
1981 Ed., § 28:7-203.
1973 Ed., § 28:7-203.
Prior Uniform Statutory Provision: Section 20, Uniform Warehouse Receipts Act.
Changes: New section confined to problem of non-receipt and misdescription.
Purposes of Changes and New Matter: This section is a simplified restatement of existing law as to the method by which a bailee may avoid responsibility for the accuracy of descriptions which are made by or in reliance upon information furnished by the depositor. The issuer is liable on documents issued by an agent, contrary to instructions of his principal, without receiving goods. No disclaimer of the latter liability is permitted.
Cross References:Sections 7-301 and 7-203.
Definitional Cross References: “Conspicuous”. Section 1-201.
“Document”. Section 7-102.
“Document of title”. Section 1-201.
“Goods”. Section 7-102.
“Issuer”. Section 7-102.
“Notice”. Section 1-201.
“Party”. Section 1-201.
“Purchaser”. Section 1-201.
“Receipt of goods”. Section 2-103.
“Value”. Section 1-201.
Prior Uniform Statutory Provision: Former Section 7-203.
Changes: Changes to this section are for style only.
Purpose: This section is a simplified restatement of existing law as to the method by which a bailee may avoid responsibility for the accuracy of descriptions which are made by or in reliance upon information furnished by the depositor. The issuer is liable on documents issued by an agent, contrary to instructions of its principal, without receiving goods. No disclaimer of the latter liability is permitted.
Cross Reference:Section 7-301.
Definitional Cross References: “Conspicuous”. Section 1-201.
“Document of title”. Section 1-201.
“Goods”. Section 7-102.
“Good Faith”. Section 1-201 [7-102].
“Issuer”. Section 7-102.
“Notice”. Section 1-202.
“Party”. Section 1-201.
“Purchaser”. Section 1-201.
“Receipt of goods”. Section 2-103.
“Value”. Section 1-204.

Structure District of Columbia Code

District of Columbia Code

Title 28 - Commercial Instruments and Transactions. [Enacted title]

Subtitle I - Uniform Commercial Code

Article 7 - Documents of Title

Part 1 - General

§ 28:7–101. Short title

§ 28:7–102. Definitions and index of definitions

§ 28:7–103. Relation of article to treaty or statute

§ 28:7–104. Negotiable and nonnegotiable document of title

§ 28:7–105. Reissuance in alternative medium

§ 28:7–106. Control of electronic document of title

§ 28:7–201. Person that may issue a warehouse receipt; storage under bond

§ 28:7–202. Form of warehouse receipt; effect of omission

§ 28:7–203. Liability for nonreceipt or misdescription

§ 28:7–204. Duty of care; contractual limitation of warehouse’s liability

§ 28:7–205. Title under warehouse receipt defeated in certain cases

§ 28:7–206. Termination of storage at warehouse’s option

§ 28:7–207. Goods must be kept separate; fungible goods

§ 28:7–208. Altered warehouse receipts

§ 28:7–209. Lien of warehouse

§ 28:7–210. Enforcement of warehouse’s lien

§ 28:7–301. Liability for nonreceipt or misdescription; “Said to contain”; “Shipper’s weight, load, and count”; improper handling

§ 28:7–302. Through bills of lading and similar documents of title

§ 28:7–303. Diversion; reconsignment; change of instructions

§ 28:7–304. Tangible bills of lading in a set

§ 28:7–305. Destination bills

§ 28:7–306. Altered bills of lading

§ 28:7–307. Lien of carrier

§ 28:7–308. Enforcement of carrier’s lien

§ 28:7–309. Duty of care; contractual limitation of carrier’s liability

§ 28:7–401. Irregularities in issue of receipt or bill or conduct of issuer

§ 28:7–402. Duplicate document of title; overissue

§ 28:7–403. Obligation of bailee to deliver; excuse

§ 28:7–404. No liability for good-faith delivery pursuant to document of title

§ 28:7–501. Form of negotiation and requirements of due negotiation

§ 28:7–502. Rights acquired by due negotiation

§ 28:7–503. Document of title to goods defeated in certain cases

§ 28:7–504. Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery

§ 28:7–505. Indorser not guarantor for other parties

§ 28:7–506. Delivery without indorsement: right to compel indorsement

§ 28:7–507. Warranties on negotiation or delivery of document of title

§ 28:7–508. Warranties of collecting bank as to documents of title

§ 28:7–509. Adequate compliance with commercial contract

§ 28:7–601. Lost, stolen, or destroyed documents of title

§ 28:7–602. Judicial process against goods covered by negotiable document of title

§ 28:7–603. Conflicting claims; interpleader

§ 28:7–701. Applicability

§ 28:7–702. Savings clause