§ 8.7-302. Through bills of lading and similar documents.
(1) The issuer of a through bill of lading or other document embodying anundertaking to be performed in part by persons acting as its agents or by aperforming carrier is liable to anyone entitled to recover on the documentfor any breach by such other persons or by a performing carrier of itsobligation under the document. However, to the extent that the documentcovers an undertaking to be performed overseas or in territory not contiguousto the continental United States or an undertaking including matters otherthan transportation, this liability may be varied by agreement of the parties.
(2) Where goods covered by a through bill of lading or other documentembodying an undertaking to be performed in part by persons other than theissuer are received by any such person, he is subject, with respect to hisown performance while the goods are in his possession, to the obligation ofthe issuer. His obligation is discharged by delivery of the goods to anothersuch person pursuant to the document, and does not include liability forbreach by any other such persons or by the issuer.
(3) The issuer of such through bill of lading or other document shall beentitled to recover from the performing carrier, or such other person inpossession of the goods when the breach of the obligation under the documentoccurred, (a) the amount it may be required to pay to anyone entitled torecover on the document therefor, as may be evidenced by any receipt,judgment, or transcript thereof, and (b) the amount of any expense reasonablyincurred by it in defending any action brought by anyone entitled to recoveron the document therefor.
(Code 1950, §§ 56-120, 56-121; 1964, c. 219; 2004, c. 200.)
§ 8.7-302. Through bills of lading and similar documents.
(1) The issuer of a through bill of lading or other document embodying anundertaking to be performed in part by persons acting as its agents or by aperforming carrier is liable to anyone entitled to recover on the documentfor any breach by such other persons or by a performing carrier of itsobligation under the document. However, to the extent that the documentcovers an undertaking to be performed overseas or in territory not contiguousto the continental United States or an undertaking including matters otherthan transportation, this liability may be varied by agreement of the parties.
(2) Where goods covered by a through bill of lading or other documentembodying an undertaking to be performed in part by persons other than theissuer are received by any such person, he is subject, with respect to hisown performance while the goods are in his possession, to the obligation ofthe issuer. His obligation is discharged by delivery of the goods to anothersuch person pursuant to the document, and does not include liability forbreach by any other such persons or by the issuer.
(3) The issuer of such through bill of lading or other document shall beentitled to recover from the performing carrier, or such other person inpossession of the goods when the breach of the obligation under the documentoccurred, (a) the amount it may be required to pay to anyone entitled torecover on the document therefor, as may be evidenced by any receipt,judgment, or transcript thereof, and (b) the amount of any expense reasonablyincurred by it in defending any action brought by anyone entitled to recoveron the document therefor.
(Code 1950, §§ 56-120, 56-121; 1964, c. 219; 2004, c. 200.)
§ 8.7-302. Through bills of lading and similar documents.
(1) The issuer of a through bill of lading or other document embodying anundertaking to be performed in part by persons acting as its agents or by aperforming carrier is liable to anyone entitled to recover on the documentfor any breach by such other persons or by a performing carrier of itsobligation under the document. However, to the extent that the documentcovers an undertaking to be performed overseas or in territory not contiguousto the continental United States or an undertaking including matters otherthan transportation, this liability may be varied by agreement of the parties.
(2) Where goods covered by a through bill of lading or other documentembodying an undertaking to be performed in part by persons other than theissuer are received by any such person, he is subject, with respect to hisown performance while the goods are in his possession, to the obligation ofthe issuer. His obligation is discharged by delivery of the goods to anothersuch person pursuant to the document, and does not include liability forbreach by any other such persons or by the issuer.
(3) The issuer of such through bill of lading or other document shall beentitled to recover from the performing carrier, or such other person inpossession of the goods when the breach of the obligation under the documentoccurred, (a) the amount it may be required to pay to anyone entitled torecover on the document therefor, as may be evidenced by any receipt,judgment, or transcript thereof, and (b) the amount of any expense reasonablyincurred by it in defending any action brought by anyone entitled to recoveron the document therefor.
(Code 1950, §§ 56-120, 56-121; 1964, c. 219; 2004, c. 200.)
