Oregon Statutes - Chapter 77 - Warehouse Receipts, Bills of Lading and Other Documents of Title

• 77.1010   Short title.
  This chapter may be cited as Uniform Commercial Code–Documents of Title. [1961 c.762 §77.1010]
• 77.1020   Definitions and index of definitions.
  (1) In this chapter, unless the context otherwise requires: (a) “Bailee” means the person who by a warehouse receipt, bill of lading or other document...
• 77.1030   Relation of chapter to treaty, statute, tariff, classification or regulation.
  To the extent that any treaty or statute of the United States, regulatory statute of this state or tariff, classification or regulation filed or issued...
• 77.1040   Negotiable and nonnegotiable warehouse receipt, bill of lading or other document of title.
  (1) A warehouse receipt, bill of lading or other document of title is negotiable: (a) If by its terms the goods are to be delivered...
• 77.1050   Construction against negative implication.
  The omission from ORS 77.2010 to 77.2100 of a provision contained in ORS 77.3010 to 77.3090 or the omission from ORS 77.3010 to 77.3090 of...
• 77.2010   Who may issue a warehouse receipt; storage under government bond.
  (1) A warehouse receipt may be issued by any warehouseman. (2) Where goods including distilled spirits and agricultural commodities are stored under a statute requiring...
• 77.2020   Form of warehouse receipt; essential terms; optional terms.
  (1) A warehouse receipt need not be in any particular form. (2) Unless a warehouse receipt embodies within its written or printed terms each of...
• 77.2030   Liability for nonreceipt or misdescription.
  A party to or purchaser for value in good faith of a document of title other than a bill of lading relying in either case...
• 77.2040   Duty of care; contractual limitation of warehouseman’s liability.
  (1) A warehouseman is liable for damages for loss of or injury to the goods caused by the failure of the warehouseman to exercise such...
• 77.2050   Title under warehouse receipt defeated in certain cases.
  A buyer in the ordinary course of business of fungible goods sold and delivered by a warehouseman who is also in the business of buying...
• 77.2060   Termination of storage at warehouseman’s option.
  (1) A warehouseman may on notifying the person on whose account the goods are held and any other person known to claim an interest in...
• 77.2070   Goods kept separate; fungible goods.
  (1) Unless the warehouse receipt otherwise provides, a warehouseman must keep separate the goods covered by each receipt so as to permit at all times...
• 77.2080   Altered warehouse receipts.
  Where a blank in a negotiable warehouse receipt has been filled in without authority, a purchaser for value and without notice of the want of...
• 77.2090   Lien or security interest of warehouseman.
  (1) A warehouseman has a lien against the bailor on the goods covered by a warehouse receipt or on the proceeds thereof in the possession...
• 77.2100   Enforcement of warehouseman’s lien; notice to persons known to claim interest.
  (1) Except as provided in subsection (2) of this section, a warehouseman’s lien may be enforced by public or private sale of the goods in...
• 77.3010   Liability for nonreceipt or misdescription; improper handling.
  (1) A consignee of a nonnegotiable bill who has given value in good faith or a holder to whom a negotiable bill has been duly...
• 77.3020   Through bills of lading and similar documents.
  (1) The issuer of a through bill of lading or other document embodying an undertaking to be performed in part by persons acting as its...
• 77.3030   Diversion; reconsignment; change of instructions.
  (1) Unless the bill of lading otherwise provides, the carrier may deliver the goods to a person or destination other than that stated in the...
• 77.3040   Bills of lading in a set of parts.
  (1) Except where customary in overseas transportation, a bill of lading must not be issued in a set of parts. The issuer is liable for...
• 77.3050   Destination bills.
  (1) Instead of issuing a bill of lading to the consignor at the place of shipment a carrier may at the request of the consignor...
• 77.3060   Altered bills of lading.
  An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor. [1961 c.726
• 77.3070   Lien of carrier.
  (1) A carrier has a lien on the goods covered by a bill of lading for charges subsequent to the date of its receipt of...
• 77.3080   Enforcement of carrier’s lien.
  (1) A carrier’s lien may be enforced by public or private sale of the goods, in bloc or in parcels, at any time or place...
• 77.3090   Duty of care; contractual limitation of carrier’s liability.
  (1) A carrier who issues a bill of lading whether negotiable or nonnegotiable must exercise the degree of care in relation to the goods which...
• 77.4010   Irregularities in issue of document of title or conduct of issuer.
  The obligations imposed by this chapter on an issuer apply to a document of title regardless of the fact that: (1) The document may not...
• 77.4020   Duplicate document of title; overissue.
  Neither a duplicate nor any other document of title purporting to cover goods already represented by an outstanding document of the same issuer confers any...
• 77.4030   Obligation of warehouseman or carrier to deliver; excuse.
  (1) The bailee must deliver the goods to a person entitled under the document who complies with subsections (2) and (3) of this section unless...
• 77.4040   Liability for good faith delivery pursuant to document of title.
  A bailee who in good faith including observance of reasonable commercial standards has received goods and delivered or otherwise disposed of them according to the...
• 77.5010   Form of negotiation; duly negotiated documents.
  (1) A negotiable document of title running to the order of a named person is negotiated by indorsement of the named person and delivery. After...
• 77.5020   Rights acquired by due negotiation.
  (1) Subject to ORS 77.5030 and to the provisions of ORS 77.2050 on fungible goods, a holder to whom a negotiable document of title has...
• 77.5030   Document of title to goods defeated in certain cases.
  (1) A document of title confers no right in goods against a person who before issuance of the document had a legal interest or a...
• 77.5040   Rights acquired in the absence of due negotiation; effect of diversion; seller’s stoppage of delivery.
  (1) A transferee of a document, whether negotiable or nonnegotiable, to whom the document has been delivered but not duly negotiated, acquires the title and...
• 77.5050   Indorser not a guarantor for other parties.
  The indorsement of a document of title issued by a bailee does not make the indorser liable for any default by the bailee or by...
• 77.5060   Delivery without indorsement; right to compel indorsement.
  The transferee of a negotiable document of title has a specifically enforceable right to have the transferor supply any necessary indorsement but the transfer becomes...
• 77.5070   Warranties on negotiation or transfer of document of title.
  Where a person negotiates or transfers a document of title for value otherwise than as a mere intermediary under ORS 77.5080, then unless otherwise agreed...
• 77.5080   Warranties of collecting bank as to documents.
  A collecting bank or other intermediary known to be entrusted with documents on behalf of another or with collection of a draft or other claim...
• 77.5090   When document fulfills obligations of contract or conditions of credit.
  The question whether a document is adequate to fulfill the obligations of a contract for sale or the conditions of a credit is governed by...
• 77.6010   Lost and missing documents.
  (1) If a document has been lost, stolen or destroyed, a court may order delivery of the goods or issuance of a substitute document and...
• 77.6020   Attachment of goods covered by a negotiable document.
  Except where the document was originally issued upon delivery of the goods by a person who had no power to dispose of them, no lien...
• 77.6030   Conflicting claims; interpleader.
  If more than one person claims title or possession of the goods, the bailee is excused from delivery until the bailee has had a reasonable...
• 77.6040   Laws not repealed.
  ORS 77.1010 to 77.6030 on documents of title do not repeal or modify any laws prescribing the form or contents of documents of title or...

Last modified: August 7, 2008