Page:United States Statutes at Large Volume 108 Part 2.djvu/635

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1351 (1) an officer or agent of the carrier, whose actual or apparent authority includes acting on the request or information, has been given the request or information; and (2) the officer or agent has had time, exercising reasonable diligence, to stop delivery of the goods. (c) FAILURE TO TAKE AND CANCEL BILLS.— Except as provided in subsection (d) of this section, if a common carrier delivers goods for which a negotiable bill of lading has been issued without taking and canceling the bill, the carrier is liable for damages for failure to deliver the goods to a person purchasing the bill for value in good faith whether the purchase was before or after delivery and even when deliver)^ was made to the person entitled to the goods. The carrier also is liable under this paragraph if part of the goods are delivered without taking and canceling the bill or plainly noting on the bill that a partial delivery was made and generally describing the goods or the remaining goods kept by the carrier. (d) EXCEPTIONS TO LL\BILITY.—A common carrier is not liable for failure to deliver goods to the consignee or owner of the goods or a holder of the bill if— (1) a delivery described in subsection (c) of this section was compelled by legal process; (2) the goods have been sold lawfully to satisfy the carrier's lien; (3) the goods have not been claimed; or (4) the goods are perishable or hazardous. §80112. Liability under negotiable bills issued in parts, sets, or duplicates (a) PARTS AND SETS.—^A negotiable bill of lading issued in a State for the transportation of goods to a place in the 48 contiguous States or the District of Columbia may not be issued in parts or sets. A common carrier issuing a bill in violation of this subsection is liable for damages for failure to deliver the goods to a purchaser of one part for value in good faith even though the purchase occurred iifter the carrier delivered the goods to a holder of one of the other parts. (b) DUPLICATES. —When at least 2 negotiable bills of lading are issued in a State for the same goods to be transported to a place in the 48 contiguous States or the District of Columbia, the word "duplicate" or another word indicating that the bill is not an original must be put plainly on the face of each bill except the original. A common carrier violating this subsection is liable for damages caused by the violation to a purchaser of the bill ' for value in good faith as an original bill even though the purchase occurred after the carrier delivered the goods to the holder of the original bill. §80113. Liability for nonreceipt, misdescription, and improper loading (a) LIABILITY FOR NONRECEIPT AND MISDESCRIPTION. —Except as provided in this section, a common carrier issuing a bill of lading is liable for damages caused by nonreceipt by the carrier of any part of the goods by the date shown in the bill or by failure of the goods to correspond with the description contained in the bill. The carrier is liable to the owner of goods transported under a nonnegotiable bill (subject to the right of stoppage in

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