Section 45.07.403. Obligation of bailee to deliver; excuse.

   (a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with (b) and (c) of this section, unless and to the extent that the bailee establishes any of the following:
        (1) delivery of the goods to a person whose receipt was rightful as against the claimant;
        (2) damage to or delay, loss, or destruction of the goods for which the bailee is not liable;
        (3) previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage;
        (4) the exercise by a seller of its right to stop delivery under AS 45.02.705 or by a lessor of its right to stop delivery under AS 45.12.526;
        (5) a diversion, reconsignment, or other disposition under AS 45.07.303;
        (6) release, satisfaction, or another personal defense against the claimant; or
        (7) another lawful excuse.
   (b) A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee requests the person to satisfy the lien or if the bailee is prohibited by law from delivering the goods until the charges are paid.
   (c) Unless the person claiming the goods is a person against whom the document of title does not confer a right under AS 45.07.503(a),
        (1) the person claiming under a document shall surrender possession or control of an outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and
        (2) the bailee shall cancel the document or conspicuously indicate in the document the partial delivery, or the bailee is liable to a person to whom the document is duly negotiated.
   (d)  [Repealed, Sec. 113 ch 44 SLA 2009]. 

Authorities

45.07.202;45.07.209;45.07.503

Notes

References

AS 45.07.202 Form of warehouse receipt; effect of omission.
AS 45.07.209 Lien of warehouse.
AS 45.07.503 Document of title to goods defeated in certain cases.

History

(Sec. 7.403 ch 114 SLA 1962; am Sec. 64 - 66, 113 ch 44 SLA 2009)