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 the 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: 1962 Code Section 10.7-203; 1966 (54) 2716; 2014 Act No. 213 (S.343), Section 2, eff October 1, 2014.
OFFICIAL COMMENT
Prior Uniform Statutory Provision: Former Section 7-203.
Changes: Changes to this section are for style only.
Purpose:
This section is a simplified restatement of existing law as to the method by which a bailee may avoid responsibility for the accuracy of descriptions which are made by or in reliance upon information furnished by the depositor. The issuer is liable on documents issued by an agent, contrary to instructions of its principal, without receiving goods. No disclaimer of the latter liability is permitted.
Cross Reference: Section 7-301.
Definitional Cross References:
"Conspicuous". Section 1-201.
"Document of title". Section 1-201.
"Goods". Section 7-102.
"Good Faith". Section 1-201 [7-102].
"Issuer". Section 7-102.
"Notice". Section 1-202.
"Party". Section 1-201.
"Purchaser". Section 1-201.
"Receipt of goods". Section 2-103.
"Value". Section 1-204.
Editor's Note
2014 Act No. 213, Section 51, provides as follows:
"SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."
Structure South Carolina Code of Laws
Chapter 7 - Commercial Code - Warehouse Receipts, Bills Of Lading And Other Documents Of Title
Section 36-7-101. Short title.
Section 36-7-102. Definitions and index of definitions.
Section 36-7-103. Relation of chapter to treaty, statute, tariff, classification or regulation.
Section 36-7-105. Reissuance in alternative medium.
Section 36-7-106. Control of electronic document of title.
Section 36-7-201. Who may issue a warehouse receipt; storage under government bond.
Section 36-7-202. Form of warehouse receipt; essential terms; optional terms.
Section 36-7-203. Liability for nonreceipt or misdescription.
Section 36-7-204. Duty of care; contractual limitation of warehouse's liability.
Section 36-7-205. Title under warehouse receipt defeated in certain cases.
Section 36-7-206. Termination of storage at warehouse's option.
Section 36-7-207. Goods must be kept separate; fungible goods.
Section 36-7-208. Altered warehouse receipts.
Section 36-7-209. Lien of warehouse.
Section 36-7-210. Enforcement of warehouse's Lien.
Section 36-7-302. Through bills of lading and similar documents.
Section 36-7-303. Diversion; reconsignment; change of instructions.
Section 36-7-304. Tangible bills of lading in a set.
Section 36-7-305. Destination bills.
Section 36-7-306. Altered bills of lading.
Section 36-7-307. Lien of carrier.
Section 36-7-308. Enforcement of carrier's lien.
Section 36-7-309. Duty of care; contractual limitation of carrier's liability.
Section 36-7-401. Irregularities in issue of receipt or bill or conduct of issuer.
Section 36-7-402. Duplicate document of title; overissue.
Section 36-7-403. Obligation of bailee to deliver; excuse.
Section 36-7-404. No liability for good-faith delivery pursuant to document of title.
Section 36-7-501. Form of negotiation and requirements of "due negotiation".
Section 36-7-502. Rights acquired by due negotiation.
Section 36-7-503. Document of title to goods defeated in certain cases.
Section 36-7-505. Indorser not a guarantor for other parties.
Section 36-7-506. Delivery without indorsement; right to compel indorsement.
Section 36-7-507. Warranties on negotiation or delivery of document of title.
Section 36-7-508. Warranties of collecting bank as to documents of title.
Section 36-7-509. Adequate compliance with commercial contract.
Section 36-7-601. Lost, stolen, or destroyed documents of title.
Section 36-7-602. Judicial process against goods covered by negotiable document of title.