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2018 Georgia Code 11-7-102 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 11-7-102 Case Law from Google Scholar Amendments to OCGA 11-7-102

TITLE 11 COMMERCIAL CODE

Section 7. Warehouse Receipts, Bills of Lading, and Other Documents of Title, 11-7-101 through 11-7-603.

ARTICLE 7 WAREHOUSE RECEIPTS, BILLS OF LADING, AND OTHER DOCUMENTS OF TITLE

11-7-102. Definitions and index of definitions.

  1. In this article, unless the context otherwise requires:
    1. "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.
    2. "Carrier" means a person that issues a bill of lading.
    3. "Consignee" means a person named in a bill of lading to which or to whose order the bill promises delivery.
    4. "Consignor" means a person named in a bill of lading as the person from which the goods have been received for shipment.
    5. "Delivery order" means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading.
    6. "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
    7. "Goods" means all things that are treated as movable for the purposes of a contract of storage or transportation.
    8. "Issuer" means a bailee who issues a document of title or, in the case of an unaccepted delivery order, the person who orders the possessor of goods to deliver. The term includes a person for which an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, even if the issuer did not receive any goods, the goods were misdescribed, or in any other respect the agent or employee violated the issuer's instructions.
    9. "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.
    10. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
    11. "Sign" means, with present intent to authenticate or adopt a record:
      1. To execute or adopt a tangible symbol; or
      2. To attach to or logically associate with the record an electronic sound, symbol, or process.
    12. "Shipper" means a person that enters into a contract of transportation with a carrier.
    13. "Warehouse" means a person engaged in the business of storing goods for hire.
  2. Definitions in other articles of this title applying to this article and the Code sections in which they appear are:
    1. "Contract for sale." Code Section 11-2-106.
    2. "Lessee in the ordinary course of business." Code Section 11-2A-103.
    3. "Receipt" of goods. Code Section 11-2-103.
  3. In addition, Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article.

(Code 1933, § 109A-7 - 102, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 1-1/HB 451.)

The 2010 amendment, effective May 27, 2010, redesignated former subsection (1) as present subsection (a); rewrote present subsection (a); deleted former subsection (2), which read: "Other definitions applying to this article or to specified parts thereof, and the Code sections in which they appear are:

"'Duly negotiate.' Code Section 11-7-501.

"'Person entitled under the document.' Code Section 11-7-403(4)."; redesignated former subsections (3) and (4) as present subsections (b) and (c), respectively; and, in present subsection (b), added the paragraph designations, deleted "'Overseas.' Code Section 11-2-323." following "Section 11-2-106.", and added paragraph (b)(2). See the Editor's notes for applicability.

Editor's notes.

- Ga. L. 2010, p. 481, § 3-1, not codified by the General Assembly, provides that: "This Act applies to a document of title that is issued or a bailment that arises on or after the effective date of this Act. This Act does not apply to a document of title that is issued or a bailment that arises before the effective date of this Act even if the document of title or bailment would be subject to this Act if the document of title had been issued or bailment had arisen on or after the effective date of this Act. This Act does not apply to a right of action that has accrued before the effective date of this Act." This Act became effective May 27, 2010.

Ga. L. 2010, p. 481, § 3-2, not codified by the General Assembly, provides that: "A document of title issued or a bailment that arises before the effective date of this Act and the rights, documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule." This Act became effective May 27, 2010.

JUDICIAL DECISIONS

Customer's assent to limitations on warehouse receipt a jury question.

- In a dispute over a storage facility's storage of a customer's seed, in which the facility sought to bind the customer to limitations printed on the reverse of the facility's warehouse receipts, the trial court erred by concluding that evidence that the facility routinely mailed warehouse receipts to the facility's customers was sufficient to bind the customer as a matter of law; because the customer denied receiving the receipts, the customer's assent was a question for the jury. Turfgrass Group v. Ga. Cold Storage Co., Ga. App. , 816 S.E.2d 716 (2018).

Cited in Citizens Bank & Trust Co. v. SLT Whse. Co., 368 F. Supp. 1042 (M.D. Ga. 1974); Sanchez v. Aaron Van Lines, 160 Ga. App. 173, 286 S.E.2d 469 (1981); McDaniel v. American Druggists Ins. Co. (In re Nat'l Buy-Rite, Inc.), 11 Bankr. 196 (Bankr. N.D. Ga. 1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Commercial Code, §§ 36 et seq., 43, 49 et seq.

C.J.S.

- 13 C.J.S., Carriers, § 128. 80 C.J.S., Shipping, § 256 et seq. 82 C.J.S., Statutes, § 309. 93 C.J.S., Warehousemen and Safe Depositaries, §§ 1, 23 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 7-102.

ALR.

- Character of bill of lading contemplated by a guaranty of payment of a draft with bill of lading attached, 13 A.L.R. 166.

Warehouseman's right to interplead rival claimants to goods stored or their proceeds, 100 A.L.R. 425.

Duty of warehouseman to take up and cancel negotiable receipt upon delivering goods as delegable or nondelegable, 139 A.L.R. 1488.

Liability of bailee of airplane for damage thereto, 44 A.L.R.3d 862.

Liability of operator of marina or boatyard for loss of or injury to pleasure boat left for storage or repair, 44 A.L.R.3d 1332.

No results found for Georgia Code 11-7-102.