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Course Details

This CLE webinar will discuss warehouser liability for damaged, destroyed, or adulterated goods deposited with the warehouse. The panel will discuss standards of care, contract negotiation and drafting best practices, warehouse receipts, warehousemen's liens, UCC Article 7, dispute resolution, and the roles of insurers and secured lenders.

Faculty

Description

Third-party warehousing has become an increasingly critical link in the supply chain and the demand for more space is growing. Stored goods can get damaged, destroyed, or stolen, but they also can become contaminated, spoiled, or adulterated in any number of ways. When these things happen, depositors may seek to hold warehousers liable in tort, contract, bailment, warranty, or statute.

A warehouser's standard of care can be affected by statute, the warehouse receipt, and any other contracts governing the relationship with its customer or its insurer. Ascertaining liability requires understanding both the law of the jurisdiction where the goods have been stored and industry custom. The parties are free to negotiate varying standards of care and liability limits.

The existence of one or more secured lenders can further complicate matters, and both the warehouser and the customer should pay careful attention to the creation and enforcement of warehouse liens.

Listen as this experienced panel of attorneys discusses warehousing law and liability from the perspectives of warehousers, customers, and lenders.

Outline

  1. Reasons warehousing demand has increased
  2. Important trade associations and their standard forms
    • International Warehouse Logistics Association
    • UNIDROIT Model Law on Warehouse Receipts (adopted May 2024)
  3. Documentation
    • Receipts
    • Third-party contracts
    • Limiting liability
  4. Standard of care
  5. Theories of liability
  6. Defenses
  7. Damages
  8. Role of insurance
  9. Rights in goods and priority disputes
  10. Litigation vs. arbitration
  11. Liens

Benefits

The panel will discuss these and other important issues:

  • What are the most important ways warehousers can limit liability?
  • What are the most overlooked terms in warehousing contracts?
  • What kind of experts are needed to prove or refute that the warehouse met its standard of care?