South Carolina Code of Laws
Chapter 7 - Commercial Code - Warehouse Receipts, Bills Of Lading And Other Documents Of Title
Section 36-7-404. No liability for good-faith delivery pursuant to document of title.

A bailee that in good faith has received goods and delivered or otherwise disposed of the goods according to the terms of a document of title or pursuant to this chapter is not liable for the goods even if:
(1) the person from which the bailee received the goods did not have authority to procure the document or to dispose of the goods; or
(2) the person to which the bailee delivered the goods did not have authority to receive the goods.
HISTORY: 1962 Code Section 10.7-404; 1966 (54) 2716; 2014 Act No. 213 (S.343), Section 2, eff October 1, 2014.
OFFICIAL COMMENT
Prior Uniform Statutory Provision: Former Section 7-404.
Changes: Changes reflect the definition of good faith in Section 1-201 [7-102] and for style.
Purposes:
This section uses the test of good faith, as defined in Section 1-201 [7-102], to continue the policy of former Section 7-404. Good faith now means "honesty in fact and the observance of reasonable commercial standards of fair dealing." The section states explicitly that the common law rule of "innocent conversion" by unauthorized "intermeddling" with another's property is inapplicable to the operations of commercial carriers and warehousemen that in good faith perform obligations that they have assumed and that generally they are under a legal compulsion to assume. The section applies to delivery to a fraudulent holder of a valid document as well as to delivery to the holder of an invalid document. Of course, in appropriate circumstances, a bailee may use interpleader or other dispute resolution process. See Section 7-603.
Cross Reference: Section 7-603.
Definitional Cross References:
"Bailee". Section 7-102.
"Delivery". Section 1-201.
"Document of title". Section 1-201.
"Good faith". Section 1-201 [7-102].
"Goods". Section 7-102.
"Person". Section 1-201.
"Receipt of goods". Section 2-103.
"Term". Section 1-201.

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

South Carolina Code of Laws

Title 36 - Commercial Code

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 36-7-104. Negotiable and nonnegotiable warehouse receipt, bill of lading or other document of title.

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 36-7-301. Liability for nonreceipt or misdescription; "said to contain"; "shipper's weight, load, and count"; improper handling.

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 36-7-504. Rights acquired in the absence of due negotiation; effect of diversion; seller's stoppage of delivery.

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.

Section 36-7-603. Conflicting claims; interpleader.