Seller's Shipment Under Reservation

1. Law
2. Georgia Code
3. Commercial Code
4. Sales
5. Performance
6. Seller's Shipment Under Reservation

1. Where the seller has identified goods to the contract by or before shipment:

1. His or her procurement of a negotiable bill of lading to his or her own order or otherwise reserves in him or her a security interest in the goods. His or her procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named.
2. A nonnegotiable bill of lading to himself or herself or his or her nominee reserves possession of the goods as security but except in a case of conditional delivery (subsection (2) of Code Section 11-2-507) a nonnegotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading.

When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within Code Section 11-2-504 but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title.

(Code 1933, § 109A-2 - 505, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 2-8/HB 451.)

The 2010 amendment, effective May 27, 2010, in subsection (1), inserted "or her" throughout; in paragraph (1)(b), inserted "or herself" near the beginning and inserted "or control" near the end; and added "of title" at the end of subsection (2). See the Editor's notes for applicability.

Editor's notes.

- Ga. L. 2010, p. 481, § 3-1, not codified by the General Assembly, provides that: "This Act applies to a document of title that is issued or a bailment that arises on or after the effective date of this Act. This Act does not apply to a document of title that is issued or a bailment that arises before the effective date of this Act even if the document of title or bailment would be subject to this Act if the document of title had been issued or bailment had arisen on or after the effective date of this Act. This Act does not apply to a right of action that has accrued before the effective date of this Act." This Act became effective May 27, 2010.

Ga. L. 2010, p. 481, § 3-2, not codified by the General Assembly, provides that: "A document of title issued or a bailment that arises before the effective date of this Act and the rights, documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule." This Act became effective May 27, 2010.

JUDICIAL DECISIONS

Cited in Georgia Ports Auth. v. Mitsubishi Int'l Corp., 156 Ga. App. 304, 274 S.E.2d 699 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 67 Am. Jur. 2d, Sales, § 415. 68A Am. Jur. 2d, Secured Transactions, § 13.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, §§ 2:434, 2:456.

C.J.S.

- 13 C.J.S., Carriers, §§ 398-401. 80 C.J.S., Shipping, § 260.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-505.

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