Section 7-302 - Through bills of lading and similar documents of title(a) The issuer of a through bill of lading, or other document embodying an undertaking to be performed in part by a person acting as its agent or by a performing carrier, is liable to any person entitled to recover on the bill or other document for any breach by the other person or the performing carrier of its obligation under the bill or document. However, to the extent that the bill or other document covers an undertaking to be performed overseas or in territory not contiguous to the continental United States or an undertaking including matters other than transportation, this liability for breach by the other person or the performing carrier may be varied by agreement of the parties.(b) If goods covered by a through bill of lading or other document of title embodying an undertaking to be performed in part by a person other than the issuer are received by that person, the person is subject, with respect to its own performance while the goods are in its possession, to the obligation of the issuer. The person's obligation is discharged by delivery of the goods to another person pursuant to the bill or document and does not include liability for breach by any other person or by the issuer.(c) The issuer of a through bill of lading or other document of title described in subsection (a) of this section is entitled to recover from the connecting carrier, or other person in possession of the goods when the breach of the obligation under the bill or other document occurred: (1) the amount it may be required to pay to any person entitled to recover on the bill or other document for the breach, as may be evidenced by any receipt, judgment, or transcript of judgment; and(2) the amount of any expense reasonably incurred by the issuer in defending any action by any person entitled to recover on the bill or other document for the breach.Okla. Stat. tit. 12A, § 7-302
Laws 1961, p. 145, § 7-302; Amended by Laws 2005 , HB 2035, c. 140, § 17, eff. 1/1/2006.Oklahoma Code Comment
Prior Statutory Provisions:
13 O.S. §§ 135, 136.
Text and derivation of prior provisions, see Appendix at end of this title.
Comment:
(1) This changes Oklahoma law. Former 13 O.S. § 135 provided a carrier's liability terminated upon delivery to the connecting carrier even though it had issued a through bill of lading. Lusk v. Durant Nursery Co., 73 Okl. 269,232 P.11 (1925). The Commercial Code is consistent with the Interstate Commerce Act.
(2) Previous Oklahoma law is in accord. Former 13 O.S. §135.
(3) There is no comparable previous law in Oklahoma, since under previous Oklahoma law the initial carrier was not liable to the shipper. This is patterned after the Interstate Commerce Act.