84-7-302. Through bills of lading and similar documents of title. (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 (a) 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.
History: L. 2007, ch. 90, § 18; July 1, 2008.
Revisor's Note:
Former section 84-7-302 repealed by L. 2007, ch. 90, § 78 and the number reassigned to the current text.
Structure Kansas Statutes
Chapter 84 - Uniform Commercial Code
Article 7 - Warehouse Receipts, Bills Of Lading And Other Documents Of Title
84-7-102 Definitions and index of definitions.
84-7-103 Relation of article to treaty or statute.
84-7-104 Negotiable and nonnegotiable document of title.
84-7-105 Reissuance in alternative medium.
84-7-106 Control of electronic document of title.
84-7-201 Person that may issue a warehouse receipt; storage under bond.
84-7-202 Form of warehouse receipt; effect of omission.
84-7-203 Liability for nonreceipt or misdescription.
84-7-204 Duty of care; contractual limitation of warehouse's liability.
84-7-205 Title under warehouse receipt defeated in certain cases.
84-7-206 Termination of storage at warehouse's option
84-7-207 Goods must be kept separate; fungible goods.
84-7-208 Altered warehouse receipts.
84-7-210 Enforcement of warehouse's lien.
84-7-302 Through bills of lading and similar documents of title.
84-7-303 Diversion; reconsignment; change of instructions.
84-7-304 Tangible bills of lading in a set.
84-7-306 Altered bills of lading.
84-7-308 Enforcement of carrier's lien.
84-7-309 Duty of care; contractual limitation of carrier's liability.
84-7-401 Irregularities in issue of receipt or bill or conduct of issuer.
84-7-402 Duplicate document of title; overissue.
84-7-403 Obligation of bailee to deliver; excuse.
84-7-404 No liability for good faith delivery pursuant to document of title.
84-7-501 Form of negotiation and requirements of due negotiation.
84-7-502 Rights acquired by due negotiation.
84-7-503 Document of title to goods defeated in certain cases.
84-7-504 Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery.
84-7-505 Indorser not a guarantor for other parties.
84-7-506 Delivery without indorsement; right to compel indorsement.
84-7-507 Warranties on negotiation or delivery of document of title.
84-7-508 Warranties of collecting bank as to documents of title.
84-7-509 Adequate compliance with commercial contract.
84-7-601 Lost, stolen or destroyed documents of title.
84-7-602 Judicial process against goods covered by negotiable document of title.