ORS 77.5030
Document of title to goods defeated in certain cases


(1)

A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a perfected security interest in the goods and that did not:

(a)

Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor’s nominee with:

(A)

Actual or apparent authority to ship, store or sell;

(B)

Power to obtain delivery under ORS 77.4030 (Obligation of bailee to deliver); or

(C)

Power of disposition under ORS 72.4030 (Power to transfer), 72A.3040 (Subsequent lease of goods by lessor) (2), 72A.3050 (Sale or sublease of goods by lessee) (2), 79.0320 (UCC 9-320. Buyer of goods) or 79.0321 (UCC 9-321. Licensee of general intangible and lessee of goods in ordinary course of business) (3) or other statute or rule of law; or

(b)

Acquiesce in the procurement by the bailor or its nominee of any document.

(2)

Title to goods based upon an unaccepted delivery order is subject to the rights of any person to which a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. That title may be defeated under ORS 77.5040 (Rights acquired in the absence of due negotiation) to the same extent as the rights of the issuer or a transferee from the issuer.

(3)

Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with ORS 77.4010 (Irregularities in issue of receipt or bill or conduct of issuer) to 77.4040 (No liability for good faith delivery pursuant to document of title) pursuant to its own bill of lading discharges the carrier’s obligation to deliver. [1961 c.726 §77.5030 (Document of title to goods defeated in certain cases); 2001 c.445 §150; 2009 c.181 §79]

Source: Section 77.5030 — Document of title to goods defeated in certain cases, https://www.­oregonlegislature.­gov/bills_laws/ors/ors077.­html.

77.1010
Short title
77.1020
Definitions and index of definitions
77.1030
Relation of chapter to treaty or statute
77.1040
Negotiable and nonnegotiable document of title
77.1050
Reissuance in alternative medium
77.1060
Control of electronic document of title
77.2010
Person that may issue a warehouse receipt
77.2020
Form of warehouse receipt
77.2030
Liability for nonreceipt or misdescription
77.2040
Duty of care
77.2050
Title under warehouse receipt defeated in certain cases
77.2060
Termination of storage at warehouse’s option
77.2070
Goods must be kept separate
77.2080
Altered warehouse receipts
77.2090
Lien of warehouse
77.2100
Enforcement of warehouse’s lien
77.3010
Liability for nonreceipt or misdescription
77.3020
Through bills of lading and similar documents of title
77.3030
Diversion
77.3040
Bills of lading in a set
77.3050
Destination bills
77.3060
Altered bills of lading
77.3070
Lien of carrier
77.3080
Enforcement of carrier’s lien
77.3090
Duty of care
77.4010
Irregularities in issue of receipt or bill or conduct of issuer
77.4020
Duplicate document of title
77.4030
Obligation of bailee to deliver
77.4040
No liability for good faith delivery pursuant to document of title
77.5010
Form of negotiation and requirements of due negotiation
77.5020
Rights acquired by due negotiation
77.5030
Document of title to goods defeated in certain cases
77.5040
Rights acquired in the absence of due negotiation
77.5050
Indorser not a guarantor for other parties
77.5060
Delivery without indorsement
77.5070
Warranties on negotiation or delivery of document of title
77.5080
Warranties of collecting bank as to documents
77.5090
Adequate compliance with commercial contract
77.6010
Lost, stolen or destroyed documents of title
77.6020
Judicial process against goods covered by negotiable document of title
77.6030
Conflicting claims
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