[Previous] [Next]
§12A-7-308.
§12A-7-308.
(1) A carrier's lien may be enforced by public or private sale of the
goods, in bloc or in parcels, at any time or place and on any terms
which are commercially reasonable, after notifying all persons known
to claim an interest in the goods. Such notification must include a
statement of the amount due, the nature of the proposed sale and the
time and place of any public sale. The fact that a better price could
have been obtained by a sale at a different time or in a different
method from that selected by the carrier is not of itself sufficient
to establish that the sale was not made in a commercially reasonable
manner. If the carrier either sells the goods in the usual manner in
any recognized market therefor or if he sells at the price current in
such market at the time of his sale or if he has otherwise sold in
conformity with commercially reasonable practices among dealers in the
type of goods sold he has sold in a commercially reasonable manner. A
sale of more goods than apparently necessary to be offered to ensure
satisfaction of the obligation is not commercially reasonable except
in cases covered by the preceding sentence.
(2) Before any sale pursuant to this section any person claiming a
right in the goods may pay the amount necessary to satisfy the lien
and the reasonable expenses incurred under this section. In that event
the goods must not be sold, but must be retained by the carrier
subject to the terms of the bill and this article.
(3) The carrier may buy at any public sale pursuant to this section.
(4) A purchaser in good faith of goods sold to enforce a carrier's
lien takes the goods free of any rights of persons against whom the
lien was valid, despite noncompliance by the carrier with the
requirements of this section.
(5) The carrier may satisfy his lien from the proceeds of any sale
pursuant to this section but must hold the balance, if any, for
delivery on demand to any person to whom he would have been bound to
deliver the goods.
(6) The rights provided by this section shall be in addition to all
other rights allowed by law to a creditor against his debtor.
(7) A carrier's lien may be enforced in accordance with either
subsection (1) or the procedure set forth in subsection (2) of Section
7-210.
(8) The carrier is liable for damages caused by failure to comply with
the requirements for sale under this section and in case of willful
violation is liable for conversion.
[Previous] [Next]