Home Table of Contents

§ 7403. Obligation of bailee to deliver; excuse

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 13 Pa.C.S.A. Commercial CodeEffective: June 16, 2008

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 13 Pa.C.S.A. Commercial Code (Refs & Annos)
Division 7. Warehouse Receipts, Bills of Lading and Other Documents of Title (Refs & Annos)
Chapter 74. Warehouse Receipts and Bills of Lading: General Obligations (Refs & Annos)
Effective: June 16, 2008
13 Pa.C.S.A. § 7403
§ 7403. Obligation of bailee to deliver; excuse
Currentness
(a) Delivery.--A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c) 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 section 2705 (relating to stoppage by seller of delivery in transit or otherwise) or by a lessor of its right to stop delivery pursuant to section 2A526 (relating to lessor's stoppage of delivery in transit or otherwise);
(5) a diversion, reconsignment or other disposition pursuant to section 7303 (relating to diversion; reconsignment; change of instructions);
(6) release, satisfaction or any other personal defense against the claimant; or
(7) any other lawful excuse.
(b) Satisfaction of bailee's lien.--A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or the bailee is prohibited by law from delivering the goods until the charges are paid.
(c) Document.--Unless a person claiming the goods is a person against which the document of title does not confer a right under section 7503(a) (relating to document of title to goods defeated in certain cases):
(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 liable to any person to which the document is duly negotiated.

Credits

2008, April 16, P.L. 57, No. 13, § 13, effective in 60 days [June 16, 2008].
13 Pa.C.S.A. § 7403, PA ST 13 Pa.C.S.A. § 7403
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document