Okla. Stat. tit. 12A § 7-403

Current through Laws 2024, c. 453.

Section 7-403 - Obligation of bailee to deliver - Excuse

(a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c) of this section, unless and to the extent that the bailee establishes any of the following:

(1) delivery of the goods to a person whose receipt was rightful as against the claimant;

(2) damage to or delay, loss, or destruction of the goods for which the bailee is not liable;

(3) previous sale or other disposition of the goods in lawful enforcement of a lien or on warehouse's lawful termination of storage;

(4) the exercise by a seller of its right to stop delivery pursuant to Section 2-705 of this title or by a lessor of its right to stop delivery pursuant to Section 2A-526 of this title;

(5) a diversion, reconsignment or other disposition pursuant to Section 7-303 of this title;

(6) release, satisfaction or any other personal defense against the claimant; or

(7) any other lawful excuse.

(b) 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.

(c) Unless the person claiming the goods is a person against which the document of title does not confer a right under subsection (a) of Section 7-503 of this title:

(1) 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

(2) 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.

Okla. Stat. tit. 12A, § 7-403

Laws 1961, p. 148, § 7-403; Amended by Laws 2005 , HB 2035, c. 140, § 26, eff. 1/1/2006.

Oklahoma Code Comment

Prior Statutory Provisions:

2 O.S. §§ 9-67 to 9-71, 9-75, 9-78.

13 O.S. §§ 65, 96, 97.

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

Comment:

Oklahoma did not adopt the optional wording at the end of subsection (1) (b) of the official text of the Uniform Commercial Code.

(1) This is similar to the previous Oklahoma provisions.

This subsection will not change the law applicable to bailees in general as stated in 15 O.S. Chapter 11. As noted in the discussion of Section 7-102 , the term "bailee" is limited in the Commercial Code to warehousemen and carriers.

Oklahoma decisions hold that both a warehouseman and a carrier have the burden of showing lawful excuse for failure to deliver. Traders' Compress Co. v. Precure, 140 Okl. 40, 282 P. 165, 71 A.L.R. 759 (1929); Hefner v. Owens, Okl., 280 P.2d 1025 (1955); Roadway Exp. v. Gordon, Okl., 277 P.2d 146 (1955).

(2) Under former 2 O.S. §9-67, the one demanding surrender of the goods was required to tender proper payment. This subsection does not require tender unless the bailee demands payment.

(3) The one demanding delivery must tender the bill or receipt, and the surrender receipt must be cancelled by the bailee. This is similar to former 2 O.S. §§ 9-67, 9-70; 13 O.S. § 97

(4) This is a rewording of former 2 O.S. § 9-68 as to warehousemen. As to carriers, former 13 O.S. § 96 was more limited.