Sec. 302. (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 (b) 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.
Formerly: Acts 1963, c.317, s.7-302. As amended by P.L.143-2007, SEC.41.
Structure Indiana Code
Article 1. Uniform Commercial Code
26-1-7-102. Definitions and Index of Definitions
26-1-7-103. Relation of Chapter to Other Laws
26-1-7-105. Tangible Substitute for Electronic Document of Title
26-1-7-106. Control of Electronic Document of Title
26-1-7-201. Who May Issue a Warehouse Receipt; Storage Under Government Bond
26-1-7-202. Form of Warehouse Receipt; Essential Terms; Optional Terms
26-1-7-203. Liability for Nonreceipt or Misdescription
26-1-7-204. Duty of Care; Contractual Limitation of Warehouse's Liability
26-1-7-205. Title Under Warehouse Receipt Defeated in Certain Cases
26-1-7-206. Termination of Storage at Warehouse's Option
26-1-7-207. Goods Must Be Kept Separate; Fungible Goods
26-1-7-208. Altered Warehouse Receipts
26-1-7-210. Enforcement of Warehouse's Lien
26-1-7-302. Through Bills of Lading and Similar Documents
26-1-7-303. Diversion; Reconsignment; Change of Instructions
26-1-7-304. Bills of Lading in a Set
26-1-7-306. Altered Bills of Lading
26-1-7-308. Enforcement of Carrier's Lien
26-1-7-309. Duty of Care; Contractual Limitation of Carrier's Liability
26-1-7-401. Irregularities in Issue of Receipt or Bill or Conduct of Issuer
26-1-7-402. Duplicate Receipt or Bill; Overissue
26-1-7-403. Obligation of Warehouse or Carrier to Deliver; Excuse
26-1-7-404. No Liability for Good Faith Delivery Upon Receipt or Bill
26-1-7-501. Form of Negotiation and Requirements of "Due Negotiation"
26-1-7-502. Rights Acquired by Due Negotiation
26-1-7-503. Form of Negotiation and Requirements of "Due Negotiation"
26-1-7-505. Endorser Not a Guarantor for Other Parties
26-1-7-506. Delivery Without Endorsement; Right to Compel Endorsement
26-1-7-507. Warranties on Negotiation or Transfer of Receipt or Bill
26-1-7-508. Warranties of Collecting Bank as to Documents
26-1-7-509. Receipt or Bill; When Adequate to Comply With Commercial Contract
26-1-7-601. Lost and Missing Documents
26-1-7-602. Attachment of Goods Covered by a Negotiable Document