Mass. Gen. Laws ch. 106 § 7-102

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session
Section 106:7-102 - Definitions and index of definitions
(a) In this article, the following words shall, unless the context clearly requires otherwise, have the following meanings:
(1) "Bailee", 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", a person that issues a bill of lading.
(3) "Consignee", a person named in a bill of lading to which or to whose order the bill promises delivery.
(4) "Consignor", a person named in a bill of lading as the person from which the goods have been received for shipment.
(5) "Delivery order", 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) [Reserved]
(7) "Goods", all things that are treated as movable for the purposes of a contract for storage or transportation.
(8) "Issuer", 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", 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) [Reserved]
(11) "Sign", with present intent to authenticate or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic sound, symbol or process.

For purposes of this subsection, a person may "authenticate" a record by: (i) signing a record that is a writing; or (ii) attaching to or logically associating with a record that is not a writing an electronic sound, symbol or process with the present intent to adopt or accept the record.

(12) "Shipper", a person that enters into a contract of transportation with a carrier.
(13) "Warehouse", 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.

Mass. Gen. Laws ch. 106, § 7-102

Amended by Acts 2013, c. 30,§ 45, eff. 7/1/2013.