Section 7–302. (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 (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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 106 - Uniform Commercial Code
Article 7 - Documents of Title
Section 7-502 - Rights Acquired by Due Negotiation
Section 7-401 - Irregularities in Issue of Receipt or Bill or Conduct of Issuer
Section 7-402 - Duplicate Document of Title; Overissue
Section 7-403 - Obligation of Bailee to Deliver; Excuse
Section 7-309 - Duty of Care; Contractual Limitation of Carrier's Liability
Section 7-404 - No Liability for Good–faith Delivery Pursuant to Document of Title
Section 7-501 - Form of Negotiation and Requirements of Due Negotiation
Section 7-503 - Document of Title to Goods Defeated in Certain Cases
Section 7-509 - Adequate Compliance With Commercial Contract
Section 7-505 - Indorser Not Guarantor for Other Parties
Section 7-506 - Delivery Without Indorsement: Right to Compel Indorsement
Section 7-507 - Warranties on Negotiations or Delivery of Document of Title
Section 7-508 - Warranties of Collecting Bank as to Documents of Title
Section 7-601 - Lost, Stolen, or Destroyed Documents of Title
Section 7-602 - Judicial Process Against Goods Covered by Negotiable Document of Title
Section 7-603 - Conflicting Claims; Interpleader
Section 7-308 - Enforcement of Carrier's Lien
Section 7-307 - Lien of Carrier
Section 7-210 - Enforcement of Warehouse's Lien
Section 7-305 - Destination Bills
Section 7-306 - Altered Bills of Lading
Section 7-102 - Definitions and Index of Definitions
Section 7-103 - Relation of Article to Treaty or Statute
Section 7-104 - Negotiable and Nonnegotiable Document of Title
Section 7-105 - Reissuance in Alternative Medium
Section 7-201 - Person That May Issue a Warehouse Receipt; Storage Under Bond
Section 7-202 - Form of Warehouse Receipt; Effect of Omission
Section 7-203 - Liability for Nonreceipt or Misdescription
Section 7-204 - Duty of Care; Contractual Limitation of Warehouse's Liability
Section 7-106 - Control of Electronic Document of Title
Section 7-206 - Termination of Storage at Warehouse Option
Section 7-207 - Goods Must Be Kept Separate; Fungible Goods
Section 7-208 - Altered Warehouse Receipts
Section 7-209 - Lien of Warehouse
Section 7-302 - Through Bills of Lading and Similar Documents of Title
Section 7-205 - Title Under Warehouse Receipt Defeated in Certain Cases
Section 7-303 - Diversion; Reconsignment; Change of Instructions