7-7-309
Section 7-7-309 Duty of care; contractual limitation of carrier's liability. (a) 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. (b) 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. (c) Reasonable provisions
as to the time and manner of presenting claims...
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7-2-705
Section 7-2-705 Seller's stoppage of delivery in transit or otherwise. (1) The seller may stop
delivery of goods in the possession of a carrier or other bailee when he discovers the buyer
to be insolvent (Section 7-2-702) and may stop delivery of carload, truckload, planeload or
larger shipments of express or freight when the buyer repudiates or fails to make a payment
due before delivery or if for any other reason the seller has a right to withhold or reclaim
the goods. (2) As against such buyer the seller may stop delivery until: (a) Receipt of the
goods by the buyer; or (b) Acknowledgment to the buyer by any bailee of the goods except a
carrier that the bailee holds the goods for the buyer; or (c) Such acknowledgment to the buyer
by a carrier by reshipment or as warehouseman; or (d) Negotiation to the buyer of any negotiable
document of title covering the goods. (3)(a) To stop delivery the seller must so notify as
to enable the bailee by reasonable diligence to prevent delivery of...
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7-7-304
Section 7-7-304 Tangible bills of lading in a set. (a) Except as customary in international
transportation, a tangible bill of lading may not be issued in a set of parts. The issuer
is liable for damages caused by violation of this subsection. (b) If a tangible bill of lading
is lawfully issued in a set of parts, each of which contains an identification code and is
expressed to be valid only if the goods have not been delivered against any other part, the
whole of the parts constitutes one bill. (c) If a tangible negotiable bill of lading is lawfully
issued in a set of parts and different parts are negotiated to different persons, the title
of the holder to which the first due negotiation is made prevails as to both the document
of title and the goods even if any later holder may have received the goods from the carrier
in good faith and discharged the carrier's obligation by surrendering its part. (d) A person
that negotiates or transfers a single part of a tangible bill of lading...
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7-2-320
Section 7-2-320 C.I.F. and C. & F. terms. (1) The term C.I.F. means that the price includes
in a lump sum the cost of the goods and the insurance and freight to the named destination.
The term C. & F. or C.F. means that the price so includes cost and freight to the named
destination. (2) Unless otherwise agreed and even though used only in connection with the
stated price and destination, the term C.I.F. destination or its equivalent requires the seller
at his own expense and risk to: (a) Put the goods into the possession of a carrier at the
port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation
to the named destination; and (b) Load the goods and obtain a receipt from the carrier (which
may be contained in the bill of lading) showing that the freight has been paid or provided
for; and (c) Obtain a policy or certificate of insurance, including any war risk insurance,
of a kind and on terms then current at the port of shipment in the usual...
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37-3-26
Section 37-3-26 Collection of rates and charges. No common carrier by motor vehicle shall deliver
or relinquish possession at destination of any freight transported by it in intrastate commerce
until all tariff rates and charges thereon have been paid, except under such rules and regulations
as the commission may from time to time prescribe to govern the settlement of all such rates
and charges, including rules and regulations for weekly or monthly settlement, and to prevent
unjust discrimination or undue preference or prejudice; provided, that the provisions of this
section shall not be construed to prohibit any such carrier from extending credit in connection
with rates and charges on freight transported for the United States for any department, bureau,
or agency thereof, or for any state or political subdivision thereof. Where any common carrier
by motor vehicle is instructed by a shipper or consignor to deliver property transported by
such carrier to a consignee other than the...
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11-67-123
Section 11-67-123 Failure to abate condition; assessing cost of abatement. (a) If the owner
fails, neglects, or refuses to abate the condition after notice to do so, the enforcing official
shall cause the offending grass or weeds to be cut. (b) Upon completion of the abatement work
performed by the municipality, including work by contractors employed by the city, the enforcing
official shall compute the actual expenses, including, but not limited to, total wages paid,
value of the use of equipment, advertising expenses, postage, and materials purchased, which
were incurred by the municipality as a result of the work. An itemized statement of the expenses
shall be provided by certified letter with signature receipt required to the last known address
of the owner of the property. This notice shall be sent at least five days in advance of the
time fixed by the city council to consider the assessment of the cost against the property.
(c) At the time fixed for receiving and considering the...
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11-67-43
Section 11-67-43 Failure to abate condition; assessing cost of abatement. (a) If the owner
fails, neglects, or refuses to abate the condition after notice to do so, the enforcing official
shall cause the offending grass or weeds to be cut. (b) Upon completion of the abatement work
performed by the city, including work by contractors employed by the city, the enforcing official
shall compute the actual expenses, including, but not limited to, total wages paid, value
of the use of equipment, advertising expenses, postage, and materials purchased, which were
incurred by the city as a result of the work. An itemized statement of the expenses shall
be given by first class mail to the last known address of the owner of the property. This
notice shall be sent at least five days in advance of the time fixed by the city council to
consider the assessment of the cost against property. (c) At the time fixed for receiving
and considering the statement, the council shall hear the same, together...
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11-67-93
Section 11-67-93 Failure to abate condition; assessing cost of abatement. (a) If the owner
fails, neglects, or refuses to abate the condition after notice to do so, the enforcing official
shall cause the offending grass or weeds to be cut. (b) Upon completion of the abatement work
performed by the municipality, including work by contractors employed by the municipality,
the enforcing official shall compute the actual expenses, including, but not limited to, total
wages paid, value of the use of equipment, advertising expenses, postage, and materials purchased,
which were incurred by the municipality as a result of the work. An itemized statement of
the expenses shall be given by first class mail to the last known address of the owner of
the property. This notice shall be sent at least five days in advance of the city council
meeting in which they will consider the assessment of the cost against property. (c) At the
time fixed for receiving and considering the statement, the council...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...

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7-9A-207
Section 7-9A-207 Rights and duties of secured party having possession or control of collateral.
(a) Duty of care when secured party in possession. Except as otherwise provided in subsection
(d), a secured party shall use reasonable care in the custody and preservation of collateral
in the secured party's possession. In the case of chattel paper or an instrument, reasonable
care includes taking necessary steps to preserve rights against prior parties unless otherwise
agreed. (b) Expenses, risks, duties, and rights when secured party in possession. Except as
otherwise provided in subsection (d), if a secured party has possession of collateral: (1)
reasonable expenses, including the cost of insurance and payment of taxes or other charges,
incurred in the custody, preservation, use, or operation of the collateral are chargeable
to the debtor and are secured by the collateral; (2) the risk of accidental loss or damage
is on the debtor to the extent of a deficiency in any effective insurance...
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