Tennessee § 47-7-403 - Obligation of bailee to deliver — Excuse.

§ 47-7-403. Obligation of bailee to deliver — Excuse.

A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c), unless and to the extent that the bailee establishes any of the following: Delivery of the goods to a person whose receipt was rightful as against the claimant; Damage to or delay, loss, or destruction of the goods for which the bailee is not liable; Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage; The exercise by a seller of its right to stop delivery pursuant to § 47-2-705 or by a lessor of its right to stop delivery pursuant to § 47-2A-526; A diversion, reconsignment, or other disposition pursuant to § 47-7-303; Release, satisfaction, or any other personal defense against the claimant; or Any other lawful excuse. A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid. Unless a person claiming the goods is a person against which the document of title does not confer a right under § 47-7-503(a): The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated. 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Commercial Code, documents of title, regarding warehouse receipts, bills of lading and other documents of title, was repealed by Acts 2008, ch. 814, § 1, effective July 1, 2008, which enacted this revised chapter 7.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. Bailee, § 47-7-102 . Conflicting claims, interpleader, § 47-7-603 . Conspicuous, § 47-1-201 . Delivery, § 47-1-201 . Document of title, § 47-1-201 . Document of title to goods defeated in certain cases, § 47-7-503 . Duty of care, contractual limitation of carrier's liability, § 47-7-309 . Duty of care, contractual limitation of warehouseman's liability, § 47-7-204 . Form of negotiation and requirements of due negotiation, § 47-7-501 . Goods, § 47-7-102 . Judicial process against goods covered by negotiable document of title, § 47-7-602 . Lessor, § 47-2A-103 . Lessor's stoppage of delivery in transit or otherwise, § 47-2A-526 . Lien of carrier, § 47-7-307 . Lien of warehouse, § 47-7-209 . Lost, stolen, or destroyed documents of title, § 47-7-601 . Person, § 47-1-201 . Receipt of goods, § 47-2-103 . Relation of chapter to treaty or statute, § 47-7-103 . Right, § 47-1-201 . Rights acquired by due negotiation, § 47-7-502 . Scope of Uniform Electronic Transactions Act, § 47-10-103 . Seller's stoppage of delivery in transit or otherwise, 47-2-705. Term, § 47-1-201 .