407.302 Through bills of lading and similar documents of title.
(1) 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 document for any breach by the other person or the performing carrier of its obligation under the document. However, to the extent that the bill 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.
(2) 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 document and does not include liability for breach by any other person or by the issuer.
(3) The issuer of a through bill of lading or other document of title described in sub. (1) is entitled to recover from the performing carrier, or other person in possession of the goods when the breach of the obligation under the document occurred, all of the following:
(a) The amount it may be required to pay to any person entitled to recover on the document for the breach, as may be evidenced by any receipt, judgment, or transcript of judgment.
(b) The amount of any expense reasonably incurred by the issuer in defending any action commenced by any person entitled to recover on the document for the breach.
History: 2009 a. 322.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 407 - Uniform commercial code — documents of title.
407.102 - Definitions and index of definitions.
407.103 - Relation of chapter to treaty or statute.
407.104 - Negotiable and nonnegotiable document of title.
407.105 - Reissuance in alternative medium.
407.106 - Control of electronic document of title.
407.201 - Person that may issue a warehouse receipt; storage under bond.
407.202 - Form of warehouse receipt.
407.203 - Liability for nonreceipt or misdescription.
407.204 - Duty of care; contractual limitation of warehouse's liability.
407.205 - Title under warehouse receipt defeated in certain cases.
407.206 - Termination of storage at warehouse's option.
407.207 - Goods must be kept separate; fungible goods.
407.208 - Altered warehouse receipts.
407.210 - Enforcement of warehouse's lien.
407.302 - Through bills of lading and similar documents of title.
407.303 - Diversion; reconsignment; change of instructions.
407.304 - Tangible bills of lading in a set.
407.306 - Altered bills of lading.
407.308 - Enforcement of carrier's lien.
407.309 - Duty of care; contractual limitation of carrier's liability.
407.401 - Irregularities in issue of receipt or bill or conduct of issuer.
407.402 - Duplicate document of title; overissue.
407.403 - Obligation of warehouse or carrier to deliver; excuse.
407.404 - No liability for good faith delivery pursuant to document of title.
407.501 - Form of negotiation and requirements of due negotiation.
407.502 - Rights acquired by due negotiation.
407.503 - Document of title to goods defeated in certain cases.
407.504 - Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery.
407.505 - Endorser not guarantor for other parties.
407.506 - Delivery without endorsement; right to compel endorsement.
407.507 - Warranties on negotiation or delivery of document of title.
407.508 - Warranties of collecting bank as to documents of title.
407.509 - Adequate compliance with commercial contract.
407.601 - Lost, stolen, or destroyed documents of title.
407.602 - Attachment of goods covered by negotiable document of title.