State Codes and Statutes

Statutes > Rhode-island > Title-6a > Chapter-6a-7 > 6a-7-308

SECTION 6A-7-308

   § 6A-7-308  Enforcement of carrier's lien.– (a) A carrier's lien on goods may be enforced by public or private sale of thegoods, in bulk or in packages, at any time or place and on any terms that arecommercially reasonable, after notifying all persons known to claim an interestin the goods. The notification must include a statement of the amount due, thenature of the proposed sale, and the time and place of any public sale. Thefact that a better price could have been obtained by a sale at a different timeor in a method different from that selected by the carrier is not of itselfsufficient to establish that the sale was not made in a commercially reasonablemanner. The carrier sells goods in a commercially reasonable manner if thecarrier sells the goods in the usual manner in any recognized market therefor,sells at the price current in that market at the time of the sale, or otherwisesells in conformity with commercially reasonable practices among dealers in thetype of goods sold. A sale of more goods than apparently necessary to beoffered to ensure satisfaction of the obligation is not commerciallyreasonable, except in cases covered by the preceding sentence.

   (b) Before any sale pursuant to this section, any personclaiming a right in the goods may pay the amount necessary to satisfy the lienand the reasonable expenses incurred in complying with this section. In thatevent, the goods may not be sold but must be retained by the carrier, subjectto the terms of the bill of lading and this chapter.

   (c) A carrier may buy at any public sale pursuant to thissection.

   (d) A purchaser in good faith of goods sold to enforce acarrier's lien takes the goods free of any rights of persons against which thelien was valid, despite the carrier's noncompliance with this section.

   (e) A carrier may satisfy its lien from the proceeds of anysale pursuant to this section but shall hold the balance, if any, for deliveryon demand to any person to which the carrier would have been bound to deliverthe goods.

   (f) The rights provided by this section are in addition toall other rights allowed by law to a creditor against a debtor.

   (g) A carrier's lien may be enforced pursuant to eithersubsection (a) or the procedure set forth in subsection 6A-7-210(b).

   (h) A carrier is liable for damages caused by failure tocomply with the requirements for sale under this section and, in case ofwillful violation, is liable for conversion.

State Codes and Statutes

Statutes > Rhode-island > Title-6a > Chapter-6a-7 > 6a-7-308

SECTION 6A-7-308

   § 6A-7-308  Enforcement of carrier's lien.– (a) A carrier's lien on goods may be enforced by public or private sale of thegoods, in bulk or in packages, at any time or place and on any terms that arecommercially reasonable, after notifying all persons known to claim an interestin the goods. The notification must include a statement of the amount due, thenature of the proposed sale, and the time and place of any public sale. Thefact that a better price could have been obtained by a sale at a different timeor in a method different from that selected by the carrier is not of itselfsufficient to establish that the sale was not made in a commercially reasonablemanner. The carrier sells goods in a commercially reasonable manner if thecarrier sells the goods in the usual manner in any recognized market therefor,sells at the price current in that market at the time of the sale, or otherwisesells in conformity with commercially reasonable practices among dealers in thetype of goods sold. A sale of more goods than apparently necessary to beoffered to ensure satisfaction of the obligation is not commerciallyreasonable, except in cases covered by the preceding sentence.

   (b) Before any sale pursuant to this section, any personclaiming a right in the goods may pay the amount necessary to satisfy the lienand the reasonable expenses incurred in complying with this section. In thatevent, the goods may not be sold but must be retained by the carrier, subjectto the terms of the bill of lading and this chapter.

   (c) A carrier may buy at any public sale pursuant to thissection.

   (d) A purchaser in good faith of goods sold to enforce acarrier's lien takes the goods free of any rights of persons against which thelien was valid, despite the carrier's noncompliance with this section.

   (e) A carrier may satisfy its lien from the proceeds of anysale pursuant to this section but shall hold the balance, if any, for deliveryon demand to any person to which the carrier would have been bound to deliverthe goods.

   (f) The rights provided by this section are in addition toall other rights allowed by law to a creditor against a debtor.

   (g) A carrier's lien may be enforced pursuant to eithersubsection (a) or the procedure set forth in subsection 6A-7-210(b).

   (h) A carrier is liable for damages caused by failure tocomply with the requirements for sale under this section and, in case ofwillful violation, is liable for conversion.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-6a > Chapter-6a-7 > 6a-7-308

SECTION 6A-7-308

   § 6A-7-308  Enforcement of carrier's lien.– (a) A carrier's lien on goods may be enforced by public or private sale of thegoods, in bulk or in packages, at any time or place and on any terms that arecommercially reasonable, after notifying all persons known to claim an interestin the goods. The notification must include a statement of the amount due, thenature of the proposed sale, and the time and place of any public sale. Thefact that a better price could have been obtained by a sale at a different timeor in a method different from that selected by the carrier is not of itselfsufficient to establish that the sale was not made in a commercially reasonablemanner. The carrier sells goods in a commercially reasonable manner if thecarrier sells the goods in the usual manner in any recognized market therefor,sells at the price current in that market at the time of the sale, or otherwisesells in conformity with commercially reasonable practices among dealers in thetype of goods sold. A sale of more goods than apparently necessary to beoffered to ensure satisfaction of the obligation is not commerciallyreasonable, except in cases covered by the preceding sentence.

   (b) Before any sale pursuant to this section, any personclaiming a right in the goods may pay the amount necessary to satisfy the lienand the reasonable expenses incurred in complying with this section. In thatevent, the goods may not be sold but must be retained by the carrier, subjectto the terms of the bill of lading and this chapter.

   (c) A carrier may buy at any public sale pursuant to thissection.

   (d) A purchaser in good faith of goods sold to enforce acarrier's lien takes the goods free of any rights of persons against which thelien was valid, despite the carrier's noncompliance with this section.

   (e) A carrier may satisfy its lien from the proceeds of anysale pursuant to this section but shall hold the balance, if any, for deliveryon demand to any person to which the carrier would have been bound to deliverthe goods.

   (f) The rights provided by this section are in addition toall other rights allowed by law to a creditor against a debtor.

   (g) A carrier's lien may be enforced pursuant to eithersubsection (a) or the procedure set forth in subsection 6A-7-210(b).

   (h) A carrier is liable for damages caused by failure tocomply with the requirements for sale under this section and, in case ofwillful violation, is liable for conversion.