West Virginia Code 46-7-303 – Diversion; reconsignment; change of instructions
(a) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery on instructions from:
Terms Used In West Virginia Code 46-7-303
- 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 West Virginia Code 46-7-102
- Carrier: means a person that issues a bill of lading. See West Virginia Code 46-7-102
- Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See West Virginia Code 46-7-102
- Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See West Virginia Code 46-7-102
- Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See West Virginia Code 46-7-102
(1) The holder of a negotiable bill;
(2) The consignor on a nonnegotiable bill, even if the consignee has given contrary instructions;
(3) The consignee on a nonnegotiable bill in the absence of contrary instructions from the consignor, if the goods have arrived at the billed destination or if the consignee is in possession of the tangible bill or in control of the electronic bill; or
(4) The consignee on a nonnegotiable bill, if the consignee is entitled as against the consignor to dispose of the goods.
(b) Unless instructions described in subsection (a) are included in a negotiable bill of lading, a person to which the bill is duly negotiated may hold the bailee according to the original terms.