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.
History:
[28-7-203, added 2004, ch. 42, sec. 2, p. 83.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 7 - DOCUMENTS OF TITLE
Part 2 - WAREHOUSE RECEIPTS — SPECIAL PROVISIONS
Section 28-7-201 - PERSON THAT MAY ISSUE A WAREHOUSE RECEIPT — STORAGE UNDER BOND.
Section 28-7-202 - FORM OF WAREHOUSE RECEIPT — EFFECT OF OMISSION.
Section 28-7-203 - LIABILITY FOR NONRECEIPT OR MISDESCRIPTION.
Section 28-7-204 - DUTY OF CARE — CONTRACTUAL LIMITATION OF WAREHOUSE’S LIABILITY.
Section 28-7-205 - TITLE UNDER WAREHOUSE RECEIPT DEFEATED IN CERTAIN CASES.
Section 28-7-206 - TERMINATION OF STORAGE AT WAREHOUSE’S OPTION.
Section 28-7-207 - GOODS MUST BE KEPT SEPARATE — FUNGIBLE GOODS.
Section 28-7-208 - ALTERED WAREHOUSE RECEIPTS.