Barakuda ® 30-Oct-2019 23:33

Delivery of Goods under Bills of Lading

Year: 2017
Language: english
Author: Anders Møllmann
Genre: Reference book
Publisher: Routledge is an imprint of the Taylor & Francis Group
Edition: 1
ISBN: 978-1-315-54189-1
Format: PDF
Quality: eBook
Pages count: 269
Description: Probably the core characteristic of a bill of lading is that the original bill of
lading must be presented at the port of destination for a consignee to be
entitled to delivery of the goods and for the carrier to get a good discharge of
its delivery obligation by delivering the goods to said consignee. This notion
is accepted virtually worldwide, but the more precise content of the
“presentation rule” differs from jurisdiction to jurisdiction. Furthermore, and
of importance, the legal basis establishing the “presentation rule” differs.
With the technological advances in maritime transport as well as in
communications technology and the emergence of more complicated trading
patterns, a system where a specific tangible piece of paper issued at the port
of loading has to be presented at the port of discharge to obtain delivery of the
goods seems almost archaic and can obviously create problems. Thus, in
practice very often – especially in some trades such as the oil trade – the bill
of lading is not available at the port of discharge when the ship is ready to
deliver the cargo.
The book will first analyse the “presentation rule”, its finer contents and its
legal basis. It will then go on with (legal) analyses of three developments and
responses to the problems that the bill of lading system gives rise to in
practice, viz. the commercial, the international legislature’s, and the
technological response. The commercial response analysed here consists of
contractual exemption or limitation clauses in the bill of lading set up as a
defence against claims for misdelivery. The international legislature’s
response denotes the adoption of the Rotterdam Rules which as the first
international convention on carriage of goods by sea includes elaborate rules
on delivery of the goods. Finally, the technological response denotes the
possibility of using electronic (equivalents of) bills of lading. The analyses
will include a comparative approach examining both English and
Scandinavian law to elucidate the issues with greater clarity


Rating: 4.9 / 5 (Votes: 31)

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