Okla. Stat. tit. 12A § 7-102

Current through Laws 2024, c. 453.

Section 7-102 - Definitions and index of definitions

(a) In this article, unless the context otherwise requires:

(1) "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.

(2) "Carrier" means a person that issues a bill of lading.

(3) "Consignee" means a person named in a bill of lading to which or to whose order the bill promises delivery.

(4) "Consignor" means the person named in a bill of lading as the person from whom the goods have been received for shipment.

(5) "Delivery order" means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading.

(6) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.

(7) "Goods" means all things that are treated as movable for the purposes of a contract of storage or transportation.

(8) "Issuer" means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. The term includes a person for which an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, even if the issuer did not receive any goods, the goods were misdescribed, or in any other respect the agent or employee violated the issuer's instructions.

(9) "Person entitled under the document" means the holder, in the case of a negotiable document of title, or the person to which delivery of the goods is to be made by the terms of, or pursuant to instructions in a record under, a nonnegotiable document of title.

(10)

"Shipper" means a person that enters into a contract of transportation with a carrier.

(11) "Warehouse" means a person engaged in the business of storing goods for hire.

(b) Definitions in other articles applying to this article and the sections in which they appear are:

(1) "Contract for sale", Section 2-106.

(2) "Lessee in the ordinary course of business", Section 2A-103.

(3) "Receipt" of goods, Section 2-103.

(c) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.

Okla. Stat. tit. 12A, § 7-102

Amended by Laws 2024 , c. 13, s. 35, eff. 11/1/2024.

Laws 1961, p. 140, § 7-102; Amended by Laws 2005 , HB 2035, c. 140, § 1, eff. 1/1/2006.

Oklahoma Code Comment

Prior Statutory Provisions:

2 O.S. § 9-117.

Text and derivation of prior provisions, see Appendix at end of this title.

Comment:

(1)(a) The definition of bailee is peculiar to this article, and has no common law background. It is limited to a warehouseman or carrier or other person who issues a document of title. A major change from the common law concept is that the bailee need not have actual possession of the property, but it is sufficient to bring him within the definition if he acknowledges possession.

However, although it departs from the common law concept of a private bailee, there is no major departure from the principles of warehousemen and carriers. As will be discussed herein a warehouseman or carrier is liable to a bona fide purchaser of a negotiable warehouse receipt or bill of lading even though no goods were in fact received.

(b) 13 O.S. § 61 under "Carriers of Property" defines "consignee" as "the person to whom it (freight) is to be delivered." The Commercial Code definition more clearly embraces the consignees on both negotiable and non-negotiable bills

(c) 13 O.S. § 61 under "Carriers of Property" defines "consignor" as the "person who delivers the freight to the carrier." It is comparable to the Commercial Code definition.

(d) This is a new definition. It is distinguished from a bill of lading or warehouse receipt in that it is not issued by a carrier or warehouseman, but is an order of the owner to deliver the goods directed to the carrier or warehouseman.

(e) See discussion of Section 1201 .

(f) Oklahoma previously used two terms. "Freight" is defined simply as the "property carried," 13 O.S. § 61, and "Goods" was defined in former 2 O.S. §9-117 as "chattels or merchandise in storage, or which has been or is about to be stored." There is no significant difference.

(g) This definition is new. Note that one is an "issuer" even though no goods, or misdescribed goods, were received.

(h) The previous Oklahoma definition in former 2 O.S. §9-117 was equivalent except that it said "lawfully" engaged. The word "lawful" was intentionally omitted on the theory that all persons who undertake to act as warehousemen should have the duties and responsibilities of this act imposed upon them, even though they are operating unlawfully.

(2), (3), (4) are self explanatory.