District Of Columbia § 28:7-303 - Diversion; reconsignment; change of instructions.
Full text of District Of Columbia D.C. Code § 28:7-303 — Diversion; reconsignment; change of instructions., with citation guidance and answers to common questions.
§ 28:7-303. Diversion; reconsignment; change of instructions.
28:7-303Unless 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:
The holder of a negotiable bill;
The consignor on a nonnegotiable bill, even if the consignee has given contrary instructions;
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
The consignee on a nonnegotiable bill, if the consignee is entitled as against the consignor to dispose of the goods.
Unless instructions described in subsection (a) of this section 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.
Annotations
“Term”. Section 1-201.
“Purchaser”. Section 1-201.
“Person”. Section 1-201.
“Notice”. Section 1-202.
“Holder”. Section 1-201.
“Goods”. Section 7-102.
“Delivery”. Section 1-201.
“Consignor”. Section 7-102.
“Consignee”. Section 7-102.
“Carrier”. Section 7-102
“Bill of lading”. Section 1-201.
“Bailee”. Section 7-102.
Point 2: Article 2, Sections 7-403 and 7-504(3).
Point 1: Sections 2-705 and 7-103.
2. It should be noted that the section provides only an immunity for carriers against liability for “misdelivery.” It does not, for example, defeat the title to the goods which the consignee-buyer may have acquired from the consignor-seller upon delivery of the goods to the carrier under a non-negotiable bill of lading. Thus if the carrier, upon instructions from the consignor, returns the goods to the consignor, the consignee may recover the goods from the consignor or the consignor’s insolvent estate. However, under certain circumstances, the consignee’s title may be defeated by diversion of the goods in transit to a different consignee. The rights that arise between the consignor-seller and the consignee-buyer out of a contract for the sale of goods are governed by Article 2.
1. Diversion is a very common commercial practice which defeats delivery to the consignee originally named in a bill of lading. This section continues former Section 7-303’s safe harbor rules for carriers in situations involving diversion and adapts those rules to electronic documents of title. This section works compatibly with Section 2-705. Carriers may as a business matter be willing to accept instructions from consignees in which case the carrier will be liable for misdelivery if the consignee was not the owner or otherwise empowered to dispose of the goods under subsection (a)(4). The section imposes no duty on carriers to undertake diversion. The carrier is of course subject to the provisions of mandatory filed tariffs as provided in Section 7-103.
To accommodate electronic documents and for style.
Former Section 7-303.
“Term”. Section 1-201.
“Purchaser”. Section 1-201.
“Person”. Section 1-201.
“Notice”. Section 1-201.
“Holder”. Section 1-201.
“Goods”. Section 7-102.
“Delivery”. Section 1-201.
“Consignor”. Section 7-102.
“Consignee”. Section 7-102.
“Bill of lading”. Section 1-201.
“Bailee”. Section 7-102.
Point 2: Sections 7-403 and 7-504(3).
2. It should be noted that the section provides only an immunity for carriers against liability for “misdelivery.” It does not, for example, defeat the title to the goods which the consignee-buyer may have acquired from the consignor-seller upon delivery of the goods to the carrier under a non-negotiable bill of lading. Thus if the carrier, upon instructions from the consignor, returns the goods to him, the consignee may recover the goods from the consignor or his insolvent estate. However, under certain circumstances, the consignee’s title may be defeated by diversion of the goods in transit to a different consignee.
1. The old Acts contained no reference to diversion, a very common commercial practice which defeats delivery to the consignee originally named in a bill of lading. The carrier was protected under the heading of “justified delivery” if the substituted consignee who received delivery was “a person lawfully entitled to possession of the goods.” Cf. subsection (1)(d). This in turn depended on whether the person ordering the diversion was the owner of the goods or empowered to dispose of them, which again might depend upon whether under sales law title had passed from the consignor-seller to the consignee-buyer. The carrier is plainly not in a position to decide such questions when directed by the person with whom it has contracted for transportation to change the destination of the goods in transit. Carriers may as a business matter be willing to accept instructions from consignees in which case, as under the old uniform acts, the carrier will be liable for misdelivery if the consignee was not the owner or otherwise empowered to dispose of the goods. The section imposes no duty on carriers to undertake diversion; it is of course subject to the provisions of filed tariffs. Section 7-103.
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 28:7-303
What does D.C. Code § 28:7-303 cover?
Section 28:7-303 ("Diversion; reconsignment; change of instructions.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 28:7-303?
A common citation format is "D.C. Code § 28:7-303" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 28:7-303 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.