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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 49 U.S.C. § 80111 Liability for delivery of goods us united_states_code code_section 49 TRANSPORTATION 801 BILLS OF LADING 80111 49 U.S.C. § 80111 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip /us/usc/t49/s80111 data/legal/raw/us/code/title-49/usc49.xml c33c5d4c60136083bb14963399629eba12bf95a1277e080a36957f8d01b2d020 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb 14bc8d5a177c78512816729c3a3e44f5dd6acadc1861b447a514f4e6eef023c7 2026-07-04 official
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49 U.S.C. § 80111 - Liability for delivery of goods

Text

(a) General Rules.— A common carrier is liable for damages to a person having title to, or right to possession of, goods when—

(1) the carrier delivers the goods to a person not entitled to their possession unless the delivery is authorized under section 80110(b)(2) or (3) of this title;

(2) the carrier makes a delivery under section 80110(b)(2) or (3) of this title after being requested by or for a person having title to, or right to possession of, the goods not to make the delivery; or

(3) at the time of delivery under section 80110(b)(2) or (3) of this title, the carrier has information it is delivering the goods to a person not entitled to their possession.

(b) Effectiveness of Request or Information.— A request or information is effective under subsection (a)(2) or (3) of this section only if—

(1) an officer or agent of the carrier, whose actual or apparent authority includes acting on the request or information, has been given the request or information; and

(2) the officer or agent has had time, exercising reasonable diligence, to stop delivery of the goods.

(c) Failure To Take and Cancel Bills.— Except as provided in subsection (d) of this section, if a common carrier delivers goods for which a negotiable bill of lading has been issued without taking and canceling the bill, the carrier is liable for damages for failure to deliver the goods to a person purchasing the bill for value in good faith whether the purchase was before or after delivery and even when delivery was made to the person entitled to the goods. The carrier also is liable under this paragraph if part of the goods are delivered without taking and canceling the bill or plainly noting on the bill that a partial delivery was made and generally describing the goods or the remaining goods kept by the carrier.

(d) Exceptions to Liability.— A common carrier is not liable for failure to deliver goods to the consignee or owner of the goods or a holder of the bill if—

(1) a delivery described in subsection (c) of this section was compelled by legal process;

(2) the goods have been sold lawfully to satisfy the carriers lien;

(3) the goods have not been claimed; or

(4) the goods are perishable or hazardous.

(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1350.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 80111(a)49 App.:90 (less last par.).Aug. 29, 1916, ch. 415, §§ 1012, 26, 39 Stat. 540, 542. 80111(b)49 App.:90 (last par.). 80111(c)49 App.:91 (words after 2d comma). 49 App.:92 (words after 2d comma). 80111(d)49 App.:91 (words before 2d comma). 49 App.:92 (words before 2d comma). 49 App.:106. In subsection (a), before clause (1), the word “title” is substituted for “right of property” for consistency in this chapter. In subsection (c), the words “negotiable bill of lading” are substituted for “order bill . . . the negotiation of which would transfer the right to the possession of the goods” in 49 App.:91 for consistency in this chapter.