57A-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 §57A-2-705 or by a lessor of its right to stop delivery pursuant to §57A-2A-526;
(5)A diversion, reconsignment, or other disposition pursuant to §57A-7-303;
(6)Release, satisfaction, or any other fact affording a 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 the bailee is prohibited by law from delivering the goods until the charges are paid.
(c) Unless a person claiming the goods is one against which the document of title does not confer a right under §57A-7-503(a):
(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 be liable to any person to which the document is duly negotiated.
Source: SL 2009, ch 254, §7-403.
Structure South Dakota Codified Laws
Title 57A - Uniform Commercial Code
Chapter 07 - Documents Of Title
Section 57A-7-101 - Short title.
Section 57A-7-102 - Definitions and index of definitions.
Section 57A-7-103 - Relation of chapter to treaty or statute.
Section 57A-7-104 - Negotiable and nonnegotiable document of title.
Section 57A-7-105 - Reissuance in alternative medium.
Section 57A-7-106 - Control of electronic document of title.
Section 57A-7-201 - Person that may issue a warehouse receipt--Storage under bond.
Section 57A-7-202 - Form of warehouse receipt--Effect of omission.
Section 57A-7-203 - Liability for nonreceipt or misdescription.
Section 57A-7-204 - Duty of care--Contractual limitation of warehouse's liability.
Section 57A-7-205 - Title under warehouse receipt defeated in certain cases.
Section 57A-7-206 - Termination of storage at warehouse's option.
Section 57A-7-207 - Goods to be kept separate--Fungible goods.
Section 57A-7-208 - Altered warehouse receipts.
Section 57A-7-209 - Lien of warehouse.
Section 57A-7-210 - Enforcement of warehouse's lien.
Section 57A-7-302 - Through bills of lading and similar documents of title.
Section 57A-7-303 - Diversion--Reconsignment--Change of instructions.
Section 57A-7-304 - Tangible bills of lading in a set.
Section 57A-7-305 - Destination bills.
Section 57A-7-306 - Altered bills of lading.
Section 57A-7-307 - Lien of carrier.
Section 57A-7-308 - Enforcement of carrier's lien.
Section 57A-7-309 - Duty of care--Contractual limitation of carrier's liability.
Section 57A-7-401 - Irregularities in issue of receipt or bill or conduct of issuer.
Section 57A-7-402 - Duplicate document of title--Overissue.
Section 57A-7-403 - Obligation of bailee to deliver--Excuse.
Section 57A-7-404 - No liability for good-faith delivery pursuant to document of title.
Section 57A-7-501 - Form of negotiation and requirements of due negotiation.
Section 57A-7-502 - Rights acquired by due negotiation.
Section 57A-7-503 - Document of title to goods defeated in certain cases.
Section 57A-7-505 - Indorser not guarantor for other parties.
Section 57A-7-506 - Delivery without indorsement--Right to compel indorsement.
Section 57A-7-507 - Warranties on negotiation or delivery of document of title.
Section 57A-7-508 - Warranties of collecting bank as to documents of title.
Section 57A-7-509 - Adequate compliance with commercial contract.
Section 57A-7-601 - Lost, stolen, or destroyed documents of title.
Section 57A-7-602 - Judicial process against goods covered by negotiable document of title.
Section 57A-7-603 - Conflicting claims--Interpleader.