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46,252 statutes · page 12 of 2313
United States — Louisiana legislation
20 statutes shown from 46,252 source-backed records
This section sets rules for bills of lading, including when a consignee may recover damages, what the issuer must count or verify, and the shipper’s duty to guarantee and indemnify accurate shipment details.
This section allocates liability and recovery rights for through bills of lading and similar documents of title.
A carrier may deliver or dispose of goods as instructed by certain authorized persons, unless the bill of lading says otherwise.
A tangible bill of lading generally may not be issued in a set of parts, except as customary in international transportation.
A carrier may arrange for a bill of lading to be issued at destination or another place named by the consignor, and an issuer may arrange a substitute bill when requested and the old document is surrendered.
If a bill of lading is altered without authorization or a blank is filled in, it remains enforceable according to its original terms.
A carrier may claim a lien on goods or their proceeds for storage, transportation, preservation, demurrage, terminal, and related lawful sale expenses, but the lien is limited in some cases and can be lost if the carrier delivers or wrongly refuses delivery.
A carrier may enforce a lien on goods by a commercially reasonable sale after notice, and must give notice with required details.
A carrier issuing a bill of lading must use reasonable care with the goods. The carrier may limit damages in the bill of lading or transportation agreement if the stated conditions are met, and may include reasonable claims and action-timing provisions.
An issuer’s Chapter obligations still apply to a document of title even if the document has irregularities or the issuer acted improperly.
A duplicate document of title generally does not give rights in the goods if another document from the same issuer is already outstanding; the issuer can be liable for damages if it overissues or fails to mark the duplicate conspicuously.
A bailee must deliver goods to a person entitled under a document of title, unless the bailee can establish a listed excuse.
A bailee acting in good faith is not liable for goods delivered or otherwise disposed of under a document of title or this Chapter, even if the sender or recipient lacked authority.
This section explains how negotiable tangible and electronic documents of title are negotiated, when a document is duly negotiated, and that endorsing a nonnegotiable document does not make it negotiable.
A holder who receives a negotiable document of title by due negotiation acquires title to the document and goods, related rights, and the issuer’s obligation to hold or deliver the goods, subject to stated exceptions.
This section limits when a document of title can defeat prior rights in goods, and says a carrier’s proper delivery under its own bill of lading discharges its duty to deliver.
A transferee may acquire title and rights in a document of title even if it was not duly negotiated, and a bailee may have to indemnify a seller or lessor for resulting loss or expense.
An endorsement of a tangible document of title issued by a bailee does not make the endorser liable for defaults by the bailee or earlier endorsers.
The transferee of a negotiable tangible document of title can require the transferor to provide any needed endorsement.
A transferor who negotiates or delivers a document of title for value must warrant certain things to the immediate purchaser, unless the parties agree otherwise or the transferor is only a mere intermediary under R.S. 10:7-508.
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