Artice 7 - Documents of Title (UCC) Flashcards
Documents of Title
Any document that, in regular course of business, proves that the peronin possession has title to and is entitled to receive the goods
Types of Documents of Title
- Bill of Lading - document evidencing the receipt of goods by a carrier for shipment
- Warehouse receipt - issued by a person engaged in the business of storing goods
Issuer
A person who is a bailee and delivers the document to the bailor or a third person
Delivery Order
An order by a bailor or 3rd person for the bailee to deliver goods
Consignor
A person who delivers goods to a carrier named in a bill of lading
Consignee
A person named in a bll of lading to whom or whose order the goods are to be delivered
Negotiable Document of Title
- Must have words of negotiability
- If no language, then parties must have rights under the document
- International docs are negotiable if they run to a named person
- Must be in record form
Duty of Care
- Common Carriers - have absolute/strict liability for loss or damage to the good unless act of God, act of public enemy, act of public authority, act of the shipper, or inherent nature of the goods
- Warehouse company - High degree of care.
BOTH HAVE right to place possessory lien on goods for any storage or carrier charges not paid
Non-negotiable document of title
goods are transferred by assignment, assignee acquires only title and rights of the transferor-assignor, is subject to all defenses and claims against the assignor
Negotiable document of title
the holder, through negotiation, can acquire better rights than the transferor-assignor