Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(810 ILCS 5/7-403) (from Ch. 26, par. 7-403)
Sec. 7-403. Obligation of bailee to deliver; excuse.
(a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c), unless and to the extent that the bailee establishes any of the following: (1) delivery of the goods to a person whose receipt |
| was rightful as against the claimant;
|
|
(2) damage to or delay, loss, or destruction of the
|
| goods for which the bailee is not liable;
|
|
(3) previous sale or other disposition of the goods
|
| in lawful enforcement of a lien or on a warehouse's lawful termination of storage;
|
|
(4) the exercise by a seller of its right to stop
|
| delivery pursuant to Section 2-705 or by a lessor of its right to stop delivery pursuant to Section 2A-526;
|
|
(5) a diversion, reconsignment, or other disposition
|
| pursuant to Section 7-303;
|
|
(6) release, satisfaction, or any other personal
|
| defense against the claimant; or
|
|
(7) any other lawful excuse.
(b) A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid.
(c) Unless a person claiming the goods is a person against which the document of title does not confer a right under Section 7-503(a):
(1) the person claiming under a document shall
|
| surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and
|
|
(2) the bailee shall cancel the document or
|
| conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated.
|
|
(Source: P.A. 95-895, eff. 1-1-09.)
|
