Section 7-304 - Bills of lading in a set(a) Except as customary in international transportation, a tangible bill of lading may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection.(b) If a tangible bill of lading is lawfully issued in a set of parts, each of which has an identification code and is expressed to be valid only if the goods have not been delivered against any other part, the whole of the parts constitutes one bill.(c) If a tangible negotiable bill of lading is lawfully issued in a set of parts and different parts are negotiated to different persons, the title of the holder to which the first due negotiation is made prevails as to both the document of title and the goods even if any later holder may have received the goods from the carrier in good faith and discharged the carrier's obligation by surrendering its part.(d) A person that negotiates or transfers a single part of a tangible bill of lading issued in a set is liable to holders of that part as if it were the whole set.(e) The bailee shall deliver in accordance with Part 4 of this article against the first presented part of a tangible bill of lading lawfully issued in a set. Delivery in this manner discharges the bailee's obligation on the whole bill.Okla. Stat. tit. 12A, § 7-304
Laws 1961, p. 146, § 7-304; Amended by Laws 2005 , HB 2035, c. 140, § 19, eff. 1/1/2006.Oklahoma Code Comment
Prior Statutory Provisions:
13 O.S. § 95.
Text and derivation of prior provisions, see Appendix at end of this title.
Comment:
(1) This changes Oklahoma law. Former 13 O.S. § 95 required the carrier to deliver to the consignor "any reasonable number of bills of lading."
(2), (3), (4) and (5) which govern the rights of various holders when bills of lading in a set are rightfully issued are new. The one to whom the first negotiation is made is entitled to the goods as against other holders, but the carrier may lawfully deliver to the one who first presents any part.