Tangible Bills of Lading in a Set

  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. Tangible Bills of Lading in a Set

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  1. Except as customary in international transportation, a tangible bill of lading may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection.
  2. If a tangible bill of lading is lawfully issued in a set of parts, each of which contains an identification code and is expressed to be valid only if the goods have not been delivered against any other part, the whole of the parts constitutes one bill.
  3. If a tangible negotiable bill of lading is lawfully issued in a set of parts and different parts are negotiated to different persons, the title of the holder to which the first due negotiation is made prevails as to both the document of title and the goods even if any later holder may have received the goods from the carrier in good faith and discharged the carrier's obligation by surrendering its part.
  4. A person that negotiates or transfers a single part of a tangible bill of lading issued in a set is liable to holders of that part as if it were the whole set.
  5. The bailee shall deliver in accordance with Part 4 of this article against the first presented part of a tangible bill of lading lawfully drawn in a set. Delivery in this manner discharges the bailee's obligation on the whole bill.

(Code 1933, § 109A-7 - 304, 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 "Tangible bills" for "Bills" at the beginning of the catchline; redesignated former subsections (1) through (5) as present subsections (a) through (e), respectively; substituted "as customary in international transportation, a tangible bill of lading may" for "where customary in overseas transportation, a bill of lading must" in the first sentence of present subsection (a); in present subsection (b), substituted "If a tangible bill of lading is lawfully issued" for "Where a bill of lading is lawfully drawn", substituted "contains an identification code and is" for "is numbered and", and substituted "constitutes" for "constitute" near the end; in present subsection (c), substituted "If a tangible negotiable" for "Where a" at the beginning, substituted "which" for "whom", inserted "of title", substituted "if any" for "though any", and deleted "surrender of his" preceding "surrendering" near the end; in present subsection (d), substituted "A person that" for "Any person who", inserted "tangible", and substituted "issued" for "drawn"; and, in present subsection (e), in the first sentence, substituted "shall deliver" for "is obliged to deliver" near the beginning and inserted "tangible", and substituted "Delivery in this manner" for "Such delivery" at the beginning of the second sentence. 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.

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Carriers, § 327. 15A Am. Jur. 2d, Commercial Code, § 44.

C.J.S.

- 13 C.J.S., Carriers, § 393. 80 C.J.S., Shipping, § 260 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 7-304.


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