ORS 77.3090
Duty of care

  • contractual limitation of carrier’s liability

(1)

A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation or rule of law that imposes liability upon a common carrier for damages not caused by its negligence.

(2)

Damages may be limited by a term in the bill of lading or in a transportation agreement that the carrier’s liability may not exceed a value stated in the bill or transportation agreement if the carrier’s rates are dependent upon value and the consignor is afforded an opportunity to declare a higher value and the consignor is advised of the opportunity. However, such a limitation is not effective with respect to the carrier’s liability for conversion to its own use.

(3)

Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the shipment may be included in a bill of lading or a transportation agreement. [1961 c.726 §77.3090 (Duty of care); 2009 c.181 §72]
WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS

Source: Section 77.3090 — Duty of care; contractual limitation of carrier’s liability, https://www.­oregonlegislature.­gov/bills_laws/ors/ors077.­html.

Notes of Decisions

Material breach of contract by common carrier does not prevent reliance on bill of lading release value. Karnecki v. Wick’s Air Freight, Inc., 126 Or App 621, 869 P2d 388 (1994), Sup Ct review denied

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
Green check means up to date. Up to date

Current through early 2024

§ 77.3090’s source at oregon​.gov