Tennessee § 47-7-203 - Liability for nonreceipt or misdescription.

§ 47-7-203. Liability for nonreceipt or misdescription.

A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that: The document conspicuously indicates that the issuer does not know whether all or part of the goods in fact were received or conform to the description, such as a case in which the description is in terms of marks or labels or kind, quantity, or condition, or the receipt or description is qualified by “contents, condition, and quality unknown”, “said to contain”, or words of similar import, if the indication is true; or The party or purchaser otherwise has notice of the nonreceipt or misdescription. Acts 2008, ch. 814, § 1. Compiler's Notes. This revised chapter 7 replaces former chapter 7, effective July 1, 2008. Former chapter 7, §§ 47-7-101 — 47-7-106 , 47-7-201 — 47-7-210 , 47-7-301 — 47-7-309 , 47-7-401 — 47-7-404 , 47-7-501 — 47-7-509 , 47-7-601 — 47-7-603 (Acts 1963, ch. 81, § 1 (7-101 — 7-106(1), 7-201 — 7-210, 7-301 — 7-309, 7-401 — 7-404, 7-501 — 7-509, 7-601 — 7-603); 2000, ch. 846, § 15), concerning the Uniform Commercial Code, documents of title, regarding warehouse receipts, bills of lading and other documents of title, was repealed by Acts 2008, ch. 814, § 1, effective July 1, 2008, which enacted this revised chapter 7. Effective Dates. Acts 2008, ch. 814, § 40. July 1, 2008. Cross-References. Conspicuous, § 47-1-201 . Document of title, § 47-1-201 . Goods, § 47-7-102 . Good faith, §§ 47-1-201 , 47-7-102 . Issuer, § 47-7-102 . Liability for nonreceipt or misdescription, “Said to contain”, “shipper's weight, load, and count”, improper handling, § 47-7-301 . Notice, knowledge, § 47-1-202 . Party, § 47-1-201 . Purchaser, § 47-1-201 . Receipt of goods, § 47-2-103 . Value, § 47-1-204 .