Oregon Law
Law as of Jan 1, 2026
Chapter contents
77.1010Short title 77.1020Definitions and index of definitions 77.1030Relation of chapter to treaty or statute 77.1040Negotiable and nonnegotiable document of title 77.1050Reissuance in alternative medium 77.1060Control of electronic document of title 77.2010Person that may issue a warehouse receipt; storage under bond 77.2020Form of warehouse receipt; effect of omission 77.2030Liability for nonreceipt or misdescription 77.2040Duty of care; contractual limitation of warehouse’s liability 77.2050Title under warehouse receipt defeated in certain cases 77.2060Termination of storage at warehouse’s option 77.2070Goods must be kept separate; fungible goods 77.2080Altered warehouse receipts 77.2090Lien of warehouse 77.2100Enforcement of warehouse’s lien 77.3010Liability for nonreceipt or misdescription; said to contain; shipper’s weight, load and count; improper handling 77.3020Through bills of lading and similar documents of title 77.3030Diversion; reconsignment; change of instructions 77.3040Bills of lading in a set 77.3050Destination bills 77.3060Altered bills of lading 77.3070Lien of carrier 77.3080Enforcement of carrier’s lien 77.3090Duty of care; contractual limitation of carrier’s liability 77.4010Irregularities in issue of receipt or bill or conduct of issuer 77.4020Duplicate document of title; overissue 77.4030Obligation of bailee to deliver; excuse 77.4040No liability for good faith delivery pursuant to document of title 77.5010Form of negotiation and requirements of due negotiation 77.5020Rights acquired by due negotiation 77.5030Document of title to goods defeated in certain cases 77.5040Rights acquired in the absence of due negotiation; effect of diversion; stoppage of delivery 77.5050Indorser not a guarantor for other parties 77.5060Delivery without indorsement; right to compel indorsement 77.5070Warranties on negotiation or delivery of document of title 77.5080Warranties of collecting bank as to documents 77.5090Adequate compliance with commercial contract 77.6010Lost, stolen or destroyed documents of title 77.6020Judicial process against goods covered by negotiable document of title 77.6030Conflicting claims; interpleader 77.6040[1961 c.726 §77.6040; 1995 c.79 §27; repealed by 2009 c.181 §116]

Chapter 77 — Warehouse Receipts, Bills of Lading and Other Documents of Title

ORS 77.5020 Rights acquired by due negotiation

(1)

Subject to ORS 77.2050 and 77.5030, a holder to which a negotiable document of title has been duly negotiated acquires thereby:

(a)

Title to the document;

(b)

Title to the goods;

(c)

All rights accruing under the law of agency or estoppel, including rights to goods delivered to the bailee after the document was issued; and

(d)

The direct obligation of the issuer to hold or deliver the goods according to the terms of the document free of any defense or claim by the issuer except those arising under the terms of the document or under this chapter, but in the case of a delivery order the bailee’s obligation accrues only upon the bailee’s acceptance of the delivery order and the obligation acquired by the holder is that the issuer and any indorser will procure the acceptance of the bailee.

(2)

Subject to ORS 77.5030, title and rights acquired by due negotiation are not defeated by any stoppage of the goods represented by the document of title or by surrender of the goods by the bailee and are not impaired even if:

(a)

The due negotiation or any prior due negotiation constituted a breach of duty;

(b)

Any person has been deprived of possession of a negotiable tangible document or control of a negotiable electronic document by misrepresentation, fraud, accident, mistake, duress, loss, theft or conversion; or

(c)

A previous sale or other transfer of the goods or document has been made to a third person.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.