(a) Except as customary in international transportation, a tangible bill of lading may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection.

(b) If a tangible bill of lading is lawfully issued in a set of parts, each of which contains an identification code and is expressed to be valid only if the goods have not been delivered against any other part, the whole of the parts constitutes one bill.

(c) If a tangible negotiable bill of lading is lawfully issued in a set of parts and different parts are negotiated to different persons, the title of the holder to which the first due negotiation is made prevails as to both the document of title and the goods even if any later holder may have received the goods from the carrier in good faith and discharged the carrier's obligation by surrendering its part.

(d) A person that negotiates or transfers a single part of a tangible bill of lading issued in a set is liable to holders of that part as if it were the whole set.

(e) The bailee shall deliver in accordance with Part 4 of this article against the first presented part of a tangible bill of lading lawfully issued in a set. Delivery in this manner discharges the bailee's obligation on the whole bill.

History: 1953 Comp., § 50A-7-304, enacted by Laws 1961, ch. 96, § 7-304; 2005, ch. 144, § 70.

OFFICIAL COMMENTS

UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.

Prior Uniform Statutory Provision. — Former Section 7-304 [55-7-304 NMSA 1978].

Changes. — To limit bills in a set to tangible bills of lading and to use terminology more consistent with modern usage.

1. Tangible bills of lading in a set are still used in some nations in international trade. Consequently, a tangible bill of lading part of a set could be at issue in a lawsuit that might come within Article 7. The statement of the legal effect of a lawfully issued set is in accord with existing commercial law relating to maritime and other international tangible bills of lading. This law has been codified in the Hague and Warsaw Conventions and in the Carriage of Goods by Sea Act, the provisions of which would ordinarily govern in situations where bills in a set are recognized by this Article. Tangible bills of lading in a set are prohibited in domestic trade.

2. Electronic bills of lading in domestic or international trade will not be issued in a set given the requirements of control necessary to deliver the bill to another person. An electronic bill of lading will be a single, authoritative copy. Section 7-106 [55-7-106 NMSA 1978]. Hence, this section differentiates between electronic bills of lading and tangible bills of lading. This section does not prohibit electronic data messages about goods in transit because these electronic data messages are not the issued bill of lading. Electronic data messages contain information for the carrier's management and handling of the cargo but this information for the carrier's use is not the issued bill of lading.

Cross References. — Section 7-103 [55-7-103 NMSA 1978], 7-303 [55-7-303 NMSA 1978] and 7-106 [55-7-106 NMSA 1978].

"Bailee". Section 7-102 [55-7-102 NMSA 1978].

"Bill of lading". Section 1-201 [55-1-201 NMSA 1978].

"Delivery". Section 1-201.

"Document of title". Section 1-201.

"Duly negotiate". Section 7-501 [55-7-501 NMSA 1978].

"Good faith". Section 1-201.

"Goods". Section 7-102.

"Holder". Section 1-201.

"Issuer". Section 7-102.

"Person". Section 1-201.

"Receipt of goods". Section 2-103 [55-2-103 NMSA 1978].

Repeals and reenactments. — Laws 2005, ch. 144, § 70, effective January 1, 2006, repealed former 55-7-304 NMSA 1978 as enacted by Laws 1961, ch. 96, § 7-304, and enacted a new section. Pursuant to 12-2A-14 NMSA 1978, the 2005 revision is considered an amendment rather than a new enactment.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 13 Am. Jur. 2d Carriers § 327; 15A Am. Jur. 2d Commercial Code § 44.

Estoppel of owner who permits another to have possession of certificates or other evidences to title to personal property, endorsed in blank or otherwise showing ownership in possessor, to deny latter's authority to deal with property, 151 A.L.R. 690.

80 C.J.S. Shipping § 113.