- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 7. Warehouse Receipts, Bills of Lading, and Other Documents of Title
- Section 308. Enforcement of Carrier's Lien.
previous: Section 307
. Lien of Carrier.
next: Section 309
. Duty of Care; Contractual Limitation of Carrier's Liability.
AS 45.07.308. Enforcement of Carrier's Lien.
- (a) A carrier's lien may be enforced by public or private sale of the goods, in block or in parcels, at any time or place,
and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the
goods. This notification must include a statement of the amount due, the nature of the proposed sale, and the time and
place of a 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 a recognized market
for them or if the carrier sells at the price current in the market at the time of the sale or if the carrier has
otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold, the
carrier 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.
- (b) Before a sale under this section, a 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 chapter.
- (c) The carrier may buy at a public sale under this section.
- (d) A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free of rights of persons against
whom the lien was valid, despite noncompliance by the carrier with the requirements of this section.
- (e) The carrier may satisfy the lien from the proceeds of a sale under this section, but must hold the balance for
delivery on demand to a person to whom the carrier would have been bound to deliver the goods.
- (f) The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor.
- (g) A carrier's lien may be enforced in accordance with either (a) of this section or the procedure set out in AS 45.07.210
- (h) The carrier is liable for damages caused by failure to comply with the requirements for sale under this section and,
in case of wilful violation, is liable for conversion.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.