Delaware Code Title 6 Sec. 7-303 – Diversion; reconsignment; change of instructions
(a) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from:
(1) The holder of a negotiable bill;
(2) The consignor on a nonnegotiable bill, even if the consignee has given contrary instructions;
(3) The consignee on a nonnegotiable bill in the absence of contrary instructions from the consignor, if the goods have arrived at the billed destination or if the consignee is in possession of the tangible bill or in control of the electronic bill; or
(4) The consignee on a nonnegotiable bill, if the consignee is entitled as against the consignor to dispose of the goods.
Terms Used In Delaware Code Title 6 Sec. 7-303
- Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See Delaware Code Title 6 Sec. 7-102
- Carrier: means a person that issues a bill of lading. See Delaware Code Title 6 Sec. 7-102
- Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See Delaware Code Title 6 Sec. 7-102
- Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See Delaware Code Title 6 Sec. 7-102
- Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Delaware Code Title 6 Sec. 7-102
- Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
(b) Unless instructions described in subsection (a) are included in a negotiable bill of lading, a person to which the bill is duly negotiated may hold the bailee according to the original terms.
5A Del. C. 1953, §§ ?7-303; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § ?39;