ORS 77.2040
Duty of care

  • contractual limitation of warehouse’s liability

(1)

A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care.

(2)

Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse’s liability for conversion to its own use. On request of the bailor in a record at the time of signing the storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouse’s liability may be increased on part or all of the goods covered by the storage agreement or warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.

(3)

Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement.

(4)

This section does not modify or repeal any existing law or rule of law that imposes a higher responsibility upon the warehouse or invalidates a contractual limitation that would be permissible under this chapter. [1961 c.726 §77.2040 (Duty of care); 2009 c.181 §58]

Source: Section 77.2040 — Duty of care; contractual limitation of warehouse’s liability, https://www.­oregonlegislature.­gov/bills_laws/ors/ors077.­html (accessed May 26, 2025).

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

Current through early 2026

§ 77.2040. Duty of care's source at oregon​.gov