84-7-403. Obligation of bailee to deliver; excuse. (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), 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 K.S.A. 84-2-705, and amendments thereto, or by a lessor of its right to stop delivery pursuant to K.S.A. 84-2a-526, and amendments thereto;
(5) a diversion, reconsignment, or other disposition pursuant to K.S.A. 2021 Supp. 84-7-303, and amendments thereto;
(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 K.S.A. 2021 Supp. 84-7-503(a), and amendments thereto:
(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.
History: L. 2007, ch. 90, § 28; July 1, 2008.
Revisor's Note:
Former section 84-7-403 repealed by L. 2007, ch. 90, § 78 and the number reassigned to the current text.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.