| (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), unless and to the extent that the bailee establishes any of the following:
Terms Used In Utah Code 70A-7a-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 Utah Code 70A-7a-102
- Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Utah Code 70A-7a-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means :Utah Code 68-3-12.5
- Warehouse: means a person engaged in the business of storing goods for hire. See Utah Code 70A-7a-102
| (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 Section 70A-2-705 or by a lessor of its right to stop delivery pursuant to Section 70A-2a-526; |
| (e) |
a diversion, reconsignment, or other disposition pursuant to Section 70A-7a-303; |
| (f) |
release, satisfaction, or any other 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 if the bailee is prohibited by law from delivering the goods until the charges are paid. |
| (3) |
Unless a person claiming the goods is a person against which the document of title does not confer a right under Subsection 70A-7a-503(1)(a):
| (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 the bailee is liable to any person to which the document is duly negotiated. |
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Enacted by Chapter 42, 2006 General Session
