§ 25-7-302. Through bills of lading and similar documents of title. - North Carolina Statutes

§ 25‑7‑302. Through bills of lading and similar documents of title.

(a)        The issuer of athrough bill of lading, or other document of title embodying an undertaking tobe performed in part by a person acting as its agent or by a performingcarrier, is liable to any person entitled to recover on the bill or otherdocument for any breach by the other person or the performing carrier of itsobligation under the bill or other document. However, to the extent that thebill or other document covers an undertaking to be performed overseas or interritory not contiguous to the continental United States or an undertakingincluding matters other than transportation, this liability for breach by theother person or the performing carrier may be varied by agreement of theparties.

(b)        If goods covered bya through bill of lading or other document of title embodying an undertaking tobe performed in part by a person other than the issuer are received by thatperson, the person is subject, with respect to its own performance while thegoods are in its possession, to the obligation of the issuer. The person'sobligation is discharged by delivery of the goods to another person pursuant tothe bill or other document and does not include liability for breach by anyother person or by the issuer.

(c)        The issuer of athrough bill of lading or other document of title described in subsection (a)of this section is entitled to recover from the performing carrier, or otherperson in possession of the goods when the breach of the obligation under thebill or other document occurred:

(1)        The amount it may berequired to pay to any person entitled to recover on the bill or other documentfor the breach, as may be evidenced by any receipt, judgment, or transcript ofjudgment; and

(2)        The amount of anyexpense reasonably incurred by the issuer in defending any action commenced byany person entitled to recover on the bill or other document for the breach. (1965, c. 700, s. 1; 2006‑112,s. 25.)