{"identifier":"/us/usc/t49/s80107","title":49,"num":"\u00a7\u202f80107.","heading":"Warranties and liability","text":"\u00a7\u202f80107.\nWarranties and liability\n(a)\nGeneral Rule.\u2014\nUnless a contrary intention appears, a person negotiating or transferring a bill of lading for value warrants that\u2014\n(1) the bill is genuine;\n(2) the person has the right to transfer the bill and the title to the goods described in the bill;\n(3) the person does not know of a fact that would affect the validity or worth of the bill; and\n(4) the goods are merchantable or fit for a particular purpose when merchantability or fitness would have been implied if the agreement of the parties had been to transfer the goods without a bill of lading.\n(b)\nSecurity for Debt.\u2014\nA person holding a bill of lading as security for a debt and in good faith demanding or receiving payment of the debt from another person does not warrant by the demand or receipt\u2014\n(1) the genuineness of the bill; or\n(2) the quantity or quality of the goods described in the bill.\n(c)\nDuplicates.\u2014\nA common carrier issuing a bill of lading, on the face of which is the word \u201cduplicate\u201d or another word indicating that the bill is not an original bill, is liable the same as a person that represents and warrants that the bill is an accurate copy of an original bill properly issued. The carrier is not otherwise liable under the bill.\n(d)\nIndorser Liability.\u2014\nIndorsement of a bill of lading does not make the indorser liable for failure of the common carrier or a previous indorser to fulfill its obligations.","url":"https://projectusc.org/usc/t49/s80107.html","content":[{"t":"sec","id":"/us/usc/t49/s80107","children":[{"t":"num","text":"\u00a7\u202f80107."},{"t":"heading","text":"Warranties and liability"},{"t":"subsec","id":"/us/usc/t49/s80107/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"General Rule.\u2014"},{"t":"chapeau","text":"Unless a contrary intention appears, a person negotiating or transferring a bill of lading for value warrants that\u2014"},{"t":"para","id":"/us/usc/t49/s80107/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the bill is genuine;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s80107/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the person has the right to transfer the bill and the title to the goods described in the bill;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s80107/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" the person does not know of a fact that would affect the validity or worth of the bill; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s80107/a/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" the goods are merchantable or fit for a particular purpose when merchantability or fitness would have been implied if the agreement of the parties had been to transfer the goods without a bill of lading.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s80107/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Security for Debt.\u2014"},{"t":"chapeau","text":"A person holding a bill of lading as security for a debt and in good faith demanding or receiving payment of the debt from another person does not warrant by the demand or receipt\u2014"},{"t":"para","id":"/us/usc/t49/s80107/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the genuineness of the bill; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s80107/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the quantity or quality of the goods described in the bill.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s80107/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Duplicates.\u2014"},{"t":"content","text":"A common carrier issuing a bill of lading, on the face of which is the word \u201cduplicate\u201d or another word indicating that the bill is not an original bill, is liable the same as a person that represents and warrants that the bill is an accurate copy of an original bill properly issued. The carrier is not otherwise liable under the bill.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s80107/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Indorser Liability.\u2014"},{"t":"content","text":"Indorsement of a bill of lading does not make the indorser liable for failure of the common carrier or a previous indorser to fulfill its obligations.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}