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Book 4 · Commercial transactions  ›  Division 4 · Freight business › Section 446

Carrying out instructions

(1) If a consignment bill has been issued, the right of disposal pursuant to sections 418 and 419 lies solely with the rightful holder of the consignment bill. The carrier may carry out instructions only against presentation of the consignment bill. However, the carrier may not carry out any instructions issued by the rightful holder of the consignment bill if the carrier is aware, or grossly negligently unaware, that the rightful holder of the consignment bill is not the person entitled by virtue of same.

(2) If the carrier carries out instructions without having been presented with the consignment bill, then the carrier will be liable to the person entitled under the consignment bill for any resulting damages the latter may suffer. The liability will be limited to the amount payable in the event of the goods being lost.

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