Kentucky Statutes 355.7-403 – Obligation of bailee to deliver — Excuse
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(1) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (2) and (3) of this section, unless and to the extent that the bailee establishes any of the following:
(a) Delivery of the goods to a person whose receipt was rightful as against the claimant;
(b) Damage to or delay, loss, or destruction of the goods for which the bailee is not liable;
(c) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse‘s lawful termination of storage;
(d) The exercise by a seller of its right to stop delivery pursuant to KRS § 355.2-
705 or by a lessor of its right to stop delivery pursuant to KRS § 355.2A-526; (e) A diversion, reconsignment, or other disposition pursuant to KRS § 355.7-303; (f) Release, satisfaction, or any other fact affording a personal defense against the
claimant; or
(g) Any other lawful excuse.
(2) A person claiming goods covered by a document of title shall satisfy the bailee’s lien if the bailee so requests or the bailee is prohibited by law from delivering the goods until the charges are paid.
(3) Unless a person claiming the goods is one against which the document of title does not confer a right under KRS § 355.7-503(1):
(a) 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
(b) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or be liable to any person to which the document is duly negotiated.
Effective: July 12, 2012
History: Repealed and reenacted 2012 Ky. Acts ch. 132, sec. 28, effective July 12,
2012. — Created 1958 Ky. Acts ch. 77, sec. 7-403, effective July 1, 1960.
(a) Delivery of the goods to a person whose receipt was rightful as against the claimant;
Terms Used In Kentucky Statutes 355.7-403
- 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 Kentucky Statutes 355.7-102
- Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Kentucky Statutes 355.7-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Warehouse: means a person engaged in the business of storing goods for hire. See Kentucky Statutes 355.7-102
(b) Damage to or delay, loss, or destruction of the goods for which the bailee is not liable;
(c) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse‘s lawful termination of storage;
(d) The exercise by a seller of its right to stop delivery pursuant to KRS § 355.2-
705 or by a lessor of its right to stop delivery pursuant to KRS § 355.2A-526; (e) A diversion, reconsignment, or other disposition pursuant to KRS § 355.7-303; (f) Release, satisfaction, or any other fact affording a personal defense against the
claimant; or
(g) Any other lawful excuse.
(2) A person claiming goods covered by a document of title shall satisfy the bailee’s lien if the bailee so requests or the bailee is prohibited by law from delivering the goods until the charges are paid.
(3) Unless a person claiming the goods is one against which the document of title does not confer a right under KRS § 355.7-503(1):
(a) 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
(b) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or be liable to any person to which the document is duly negotiated.
Effective: July 12, 2012
History: Repealed and reenacted 2012 Ky. Acts ch. 132, sec. 28, effective July 12,
2012. — Created 1958 Ky. Acts ch. 77, sec. 7-403, effective July 1, 1960.