Liability for Nonreceipt or Misdescription; "Said to Contain"; "Shipper's Weight, Load, and Count"; Improper Handling

1. Law
2. Georgia Code
3. Commercial Code
4. Warehouse Receipts, Bills of Lading, and Other Documents of Title
5. Bills of Lading: Special Provisions
6. Liability for Nonreceipt or Misdescription; "Said to Contain"; "Shipper's Weight, Load, and Count"; Improper Handling

1. A consignee of a nonnegotiable bill of lading which has given value in good faith, or a holder to which a negotiable bill has been duly negotiated, relying upon the description of the goods in the bill or upon the date shown in the bill, may recover from the issuer damages caused by the misdating of the bill or the nonreceipt or misdescription of the goods, except to the extent that the bill indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, such as in a 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 or condition of contents of packages unknown," "said to contain," "shipper's weight, load, and count," or words of similar import, if that indication is true.
2. If goods are loaded by the issuer of a bill of lading:
   1. The issuer shall count the packages of goods if shipped in packages and ascertain the kind and quantity if shipped in bulk; and
   2. Words such as "shipper's weight, load, and count" or words of similar import indicating that the description was made by the shipper are ineffective except as to goods concealed in packages.
3. If bulk goods are loaded by a shipper that makes available to the issuer of a bill of lading adequate facilities for weighing those goods, the issuer shall ascertain the kind and quantity within a reasonable time after receiving the shipper's request to do so. In that case "shipper's weight" or words of similar import are ineffective.
4. The issuer of a bill of lading, by including in the bill the words "shipper's weight, load, and count" or words of similar import, may indicate that the goods were loaded by the shipper, and, if that statement is true, the issuer is not liable for damages caused by the improper loading. However, omission of such words does not imply liability for damages caused by improper loading.
5. A shipper guarantees to an issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition, and weight, as furnished by the shipper, and the shipper shall indemnify the issuer against damage caused by inaccuracies in those particulars. This right of indemnity does not limit the issuer's responsibility or liability under the contract of carriage to any person other than the shipper.

(Code 1933, § 109A-7 - 301, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 1-1/HB 451.)

The 2010 amendment, effective May 27, 2010, substituted "weight, load," for "load" in the catchline; and rewrote this Code section. See the Editor's notes for applicability.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2010, the word "be" was deleted preceding "liable" in the first sentence of subsection (d).

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

"Shipper's weight, load, and count" term as defense for carrier.

- Where evidence establishes that damage was direct result of improper loading, the "shipper's weight, load, and count" bill of lading shall operate as complete defense for carrier as to such damage notwithstanding knowledge on part of carrier of shipper's negligence. D.H. Overmyer Co. v. Nelson-Brantley Glass Co., 119 Ga. App. 599, 168 S.E.2d 176 (1969).

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.

- 13 Am. Jur. 2d, Carriers, §§ 350, 351. 14 Am. Jur. 2d, Carriers, § 532. 15A Am. Jur. 2d, Commercial Code, § 52.

C.J.S.

- 13 C.J.S., Carriers, § 128.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 7-301.

ALR.

- Marking freight bill "Paid," or "Prepaid," as estopping carrier to deny that freight has been paid, 10 A.L.R. 736.

Liability of one not named as consignor or consignee for freight on goods delivered to and accepted by him, 61 A.L.R. 422.

Carrier's issuance of bill of lading or shipping receipt, without notation thereon of visible damage or defects in shipment, as creating presumption or prima facie case of good condition when received, 33 A.L.R.2d 867.

Conclusiveness of receipt clauses in bill of lading, 67 A.L.R.2d 1028.

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