{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.7-301.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.7-301.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.7-301.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.7-301.html"}],"law_id":77753,"edition_id":1,"section_id":77753,"structure_id":14258,"section_number":"8.7-301","catch_line":"Liability for nonreceipt or misdescription; “said to contain”; “shipper’s load and count”; improper handling","history":"1964, c. 219; 2004, c. 200.","full_text":"1\n\nA consignee of a nonnegotiable bill of lading who has given value in good faith, or a holder to whom a negotiable bill has been duly negotiated, relying upon the description therein of the goods, or upon the date therein shown, may recover from the issuer damages caused by the misdating of the bill or the nonreceipt or misdescription of the goods, except to the extent that the bill indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, as where the description is in terms of marks or labels or kind, quantity, or condition or the receipt or description is qualified by “contents or condition of contents of packages unknown,” “said to contain,” “shipper’s weight, load and count” or the like, if such indication be true.2\n\nWhen goods are loaded by an issuer of a bill of lading, the issuer must count the packages of goods, if shipped in packages, and ascertain the kind and quantity if shipped in bulk. In such cases “shipper’s weight, load and count” or other words indicating that the description was made by the shipper are ineffective except as to goods concealed by packages.3\n\nWhen bulk goods are loaded by a shipper who makes available to the issuer of a bill of lading adequate facilities for weighing such goods, the issuer must ascertain the kind and quantity within a reasonable time after receiving, in a record, the shipper’s request to do so. In such cases “shipper’s weight” or other words of like purport are ineffective.4\n\nThe issuer of a bill of lading, by inserting in the bill the words “shipper’s weight, load and count” or other words of like purport, may indicate that the goods were loaded by the shipper; and if such statement is true, the issuer shall not be liable for damages caused by the improper loading. However, their omission does not imply liability for such damages.5\n\nThe shipper shall be deemed to have guaranteed to the issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition and weight, as furnished by him; and the shipper shall indemnify the issuer against damage caused by inaccuracies in such particulars. The right of the issuer to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.","order_by":null,"text":{"0":{"id":278872,"text":"A consignee of a nonnegotiable bill of lading who has given value in good faith, or a holder to whom a negotiable bill has been duly negotiated, relying upon the description therein of the goods, or upon the date therein shown, may recover from the issuer damages caused by the misdating of the bill or the nonreceipt or misdescription of the goods, except to the extent that the bill indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, as where the description is in terms of marks or labels or kind, quantity, or condition or the receipt or description is qualified by “contents or condition of contents of packages unknown,” “said to contain,” “shipper’s weight, load and count” or the like, if such indication be true.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":278873,"text":"When goods are loaded by an issuer of a bill of lading, the issuer must count the packages of goods, if shipped in packages, and ascertain the kind and quantity if shipped in bulk. In such cases “shipper’s weight, load and count” or other words indicating that the description was made by the shipper are ineffective except as to goods concealed by packages.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":278874,"text":"When bulk goods are loaded by a shipper who makes available to the issuer of a bill of lading adequate facilities for weighing such goods, the issuer must ascertain the kind and quantity within a reasonable time after receiving, in a record, the shipper’s request to do so. In such cases “shipper’s weight” or other words of like purport are ineffective.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"3":{"id":278875,"text":"The issuer of a bill of lading, by inserting in the bill the words “shipper’s weight, load and count” or other words of like purport, may indicate that the goods were loaded by the shipper; and if such statement is true, the issuer shall not be liable for damages caused by the improper loading. However, their omission does not imply liability for such damages.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"4":{"id":278876,"text":"The shipper shall be deemed to have guaranteed to the issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition and weight, as furnished by him; and the shipper shall indemnify the issuer against damage caused by inaccuracies in such particulars. The right of the issuer to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":14258,"edition_id":1,"name":"Bills of Lading: Special Provisions","identifier":"3","label":"part","depth":2,"order_by":1,"parent_id":13810,"metadata":{},"date_created":"2026-06-26 03:47:29","date_modified":"2026-06-26 03:47:29","permalink":{"id":283503,"object_type":"structure","relational_id":14258,"identifier":"3","token":"8.7\/3","url":"\/8.7\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13810,"edition_id":1,"name":"Commercial Code \u2014 Warehouse Receipts, Bills of Lading and Other Documents of Title","identifier":"8.7","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:56","date_modified":"2026-06-26 03:45:56","permalink":{"id":283429,"object_type":"structure","relational_id":13810,"identifier":"8.7","token":"8.7","url":"\/8.7\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77753,"structure_id":14258,"section_number":"8.7-301","catch_line":"Liability for nonreceipt or misdescription; \"said to contain\"; \"shipper's load and count\"; improper handling","url":"\/8.7-301\/","token":"8.7\/3\/8.7-301","metadata":false},{"id":75648,"structure_id":14258,"section_number":"8.7-302","catch_line":"Through bills of lading and similar documents","url":"\/8.7-302\/","token":"8.7\/3\/8.7-302","metadata":false},{"id":73478,"structure_id":14258,"section_number":"8.7-303","catch_line":"Diversion; reconsignment; change of instructions","url":"\/8.7-303\/","token":"8.7\/3\/8.7-303","metadata":false},{"id":55501,"structure_id":14258,"section_number":"8.7-304","catch_line":"Bills of lading in a set","url":"\/8.7-304\/","token":"8.7\/3\/8.7-304","metadata":false},{"id":79325,"structure_id":14258,"section_number":"8.7-305","catch_line":"Destination bills","url":"\/8.7-305\/","token":"8.7\/3\/8.7-305","metadata":false},{"id":57302,"structure_id":14258,"section_number":"8.7-306","catch_line":"Altered bills of lading","url":"\/8.7-306\/","token":"8.7\/3\/8.7-306","metadata":false},{"id":85313,"structure_id":14258,"section_number":"8.7-307","catch_line":"Lien of carrier","url":"\/8.7-307\/","token":"8.7\/3\/8.7-307","metadata":false},{"id":65743,"structure_id":14258,"section_number":"8.7-308","catch_line":"Enforcement of carrier's lien","url":"\/8.7-308\/","token":"8.7\/3\/8.7-308","metadata":false},{"id":69108,"structure_id":14258,"section_number":"8.7-309","catch_line":"Duty of care; contractual limitation of carrier's liability","url":"\/8.7-309\/","token":"8.7\/3\/8.7-309","metadata":false}],"next_section":{"id":75648,"structure_id":14258,"section_number":"8.7-302","catch_line":"Through bills of lading and similar documents","url":"\/8.7-302\/","token":"8.7\/3\/8.7-302","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.7-301\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2004, chapter 200<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":283505,"object_type":"law","relational_id":77753,"identifier":"8.7-301","token":"8.7\/3\/8.7-301","url":"\/8.7-301\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.7-301\/","token":"8.7\/3\/8.7-301","dublin_core":{"Title":"Liability for nonreceipt or misdescription; “said to contain”; “shipper’s load and count”; improper handling","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.7-301","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> A consignee of a nonnegotiable bill of lading who has given value in good faith, or a holder to whom a negotiable bill has been duly negotiated, relying upon the description therein of the goods, or upon the date therein shown, may recover from the issuer damages<\/span> caused by the misdating of the bill or the nonreceipt or misdescription of the goods, except to the extent that the bill indicates that the issuer does not know whether any part or all of the goods in fact<\/span> were received or conform to the description, as where the description is in terms of marks or labels or kind, quantity, or condition or the receipt or description is qualified by “contents or condition of contents of packages unknown,” “said to contain,” “shipper’s weight, load and count” or the like, if such indication be true. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> When goods are loaded by an issuer of a bill of lading, the issuer must count the packages of goods, if shipped in packages, and ascertain the kind and quantity if shipped in bulk. In such cases “shipper’s weight, load and count” or other words indicating that the description was made by the shipper are ineffective except as to goods concealed by packages. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When bulk goods are loaded by a shipper who makes available to the issuer of a bill of lading adequate facilities for weighing such goods, the issuer must ascertain the kind and quantity within a reasonable time after receiving, in a record, the shipper’s request to do so. In such cases “shipper’s weight” or other words of like purport are ineffective. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The issuer of a bill of lading, by inserting in the bill the words “shipper’s weight, load and count” or other words of like purport, may indicate that the goods were loaded by the shipper; and if such statement is true, the issuer shall not be liable for damages<\/span> caused by the improper loading. However, their omission does not imply liability for such damages<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The shipper shall be deemed to have guaranteed to the issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition and weight, as furnished by him; and the shipper shall indemnify the issuer against damage caused by inaccuracies in such particulars. The right of the issuer to such indemnity shall in no way limit his responsibility and liability under the contract<\/span> of carriage to any person other than the shipper. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY FOR NONRECEIPT OR MISDESCRIPTION; “SAID TO CONTAIN”;\n“SHIPPER’S LOAD AND COUNT”; IMPROPER HANDLING (\u00a7 8.7-301)\n\n1. A consignee of a nonnegotiable bill of lading who has given value in good\nfaith, or a holder to whom a negotiable bill has been duly negotiated, relying\nupon the description therein of the goods, or upon the date therein shown, may\nrecover from the issuer damages caused by the misdating of the bill or the\nnonreceipt or misdescription of the goods, except to the extent that the bill\nindicates that the issuer does not know whether any part or all of the goods in\nfact were received or conform to the description, as where the description is in\nterms of marks or labels or kind, quantity, or condition or the receipt or\ndescription is qualified by “contents or condition of contents of packages\nunknown,” “said to contain,” “shipper’s weight,\nload and count” or the like, if such indication be true.\n\n2. When goods are loaded by an issuer of a bill of lading, the issuer must count\nthe packages of goods, if shipped in packages, and ascertain the kind and\nquantity if shipped in bulk. In such cases “shipper’s weight, load\nand count” or other words indicating that the description was made by the\nshipper are ineffective except as to goods concealed by packages.\n\n3. When bulk goods are loaded by a shipper who makes available to the issuer of\na bill of lading adequate facilities for weighing such goods, the issuer must\nascertain the kind and quantity within a reasonable time after receiving, in a\nrecord, the shipper’s request to do so. In such cases\n“shipper’s weight” or other words of like purport are\nineffective.\n\n4. The issuer of a bill of lading, by inserting in the bill the words\n“shipper’s weight, load and count” or other words of like\npurport, may indicate that the goods were loaded by the shipper; and if such\nstatement is true, the issuer shall not be liable for damages caused by the\nimproper loading. However, their omission does not imply liability for such\ndamages.\n\n5. The shipper shall be deemed to have guaranteed to the issuer the accuracy at\nthe time of shipment of the description, marks, labels, number, kind, quantity,\ncondition and weight, as furnished by him; and the shipper shall indemnify the\nissuer against damage caused by inaccuracies in such particulars. The right of\nthe issuer to such indemnity shall in no way limit his responsibility and\nliability under the contract of carriage to any person other than the shipper.\n\nHISTORY: 1964, c. 219; 2004, c. 200.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}