RCW 62A.7-403: Obligation of bailee to deliver; excuse.

RCWs > Title 62A > Chapter 62A.7 > Section 62A.7-403

62A.7-402 << 62A.7-403 >> 62A.7-404

PDFRCW 62A.7-403

Obligation of bailee to deliver; excuse.

(a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c) of this section, unless and to the extent that the bailee establishes any of the following:

(1) Delivery of the goods to a person whose receipt was rightful as against the claimant;

(2) Damage to or delay, loss, or destruction of the goods for which the bailee is not liable;

(3) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage;

(4) The exercise by a seller of its right to stop delivery pursuant to RCW 62A.2-705 or by a lessor of its right to stop delivery pursuant to RCW 62A.2A-526;

(5) A diversion, reconsignment, or other disposition pursuant to RCW 62A.7-303;

(6) Release, satisfaction, or any other personal defense against the claimant; or

(7) Any other lawful excuse.

(b) A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid.

(c) Unless a person claiming the goods is a person against which the document of title does not confer a right under RCW 62A.7-503(a):

(1) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and

(2) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated.

[ 2012 c 214 s 503; 2011 c 336 s 835; 1965 ex.s. c 157 s 7-403. Cf. former RCW sections: (i) RCW 22.04.090, and 22.04.100; 1913 c 99 ss 8 and 9; RRS ss 3594, and 3595; prior: 1891 c 134 ss 6, and 7. (ii) RCW 22.04.110, 22.04.130, 22.04.170, and 22.04.200; 1913 c 99 ss 10, 12, 16, and 19; RRS ss 3596, 3598, 3602, and 3605. (iii) RCW 22.04.120; 1913 c 99 s 11; RRS s 3597; prior: 1886 p 121 s 7. (iv) RCW 81.32.111 through 81.32.151, 81.32.191, and 81.32.221; 1961 c 14 ss 81.32.111 through 81.32.151, 81.32.191, and 81.32.221; 1915 c 159 ss 11 through 15, 19, and 22; RRS ss 3657 through 3661, 3665, and 3668; formerly RCW 81.32.120 through 81.32.160, 81.32.200, and 81.32.230.]

NOTES:

Application—Savings—2012 c 214: See notes following RCW 62A.1-101.