(810 ILCS 5/7-403) (from Ch. 26, par. 7-403)
Sec. 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), 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 2-705 or by a lessor of its right to stop delivery pursuant to Section 2A-526;
(5) a diversion, reconsignment, or other disposition
pursuant to Section 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 Section 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.
(Source: P.A. 95-895, eff. 1-1-09.)
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Last modified: February 18, 2015