Florida Statutes 677.403 – Obligation of bailee to deliver; excuse
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(1) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (2) and (3), unless and to the extent that the bailee establishes any of the following:
(a) Delivery of the goods to a person whose receipt was rightful as against the claimant;
Terms Used In Florida Statutes 677.403
- 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. See Florida Statutes 677.102
- Goods: means all things that are treated as movable for the purposes of a contract of storage or transportation. See Florida Statutes 677.102
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- 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. See Florida Statutes 677.102
- Warehouse: means a person engaged in the business of storing goods for hire. See Florida Statutes 677.102
(b) Damage to or delay, loss or destruction of the goods for which the bailee is not liable, but the burden of establishing negligence in such cases when value of such damage, delay, loss, or destruction exceeds $10,000 is on the person entitled under the document;
(c) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse‘s lawful termination of storage;
(d) The exercise by a seller of its right to stop delivery pursuant to s. 672.705 or by a lessor of its right to stop delivery pursuant to s. 680.526;
(e) A diversion, reconsignment, or other disposition pursuant to s. 677.303;
(f) Release, satisfaction, or any other personal defense against the claimant; or
(g) Any other lawful excuse.
(2) 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.
(3) Unless a person claiming the goods is a person against which the document of title does not confer a right under s. 677.503(1):
(a) 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
(b) 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.