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The Bill of Lading - Holder Rights and Liabilities


Year: 2018
Language: english
Author: Frank Stevens
Genre: Reference book
Publisher: Routledge is an imprint of the Taylor & Francis Group, an informa business
Edition: 1
ISBN: 978-1-351-21422-3
Format: PDF
Quality: eBook
Pages count: 382
Description: The carriage of goods by sea starts off with a contract of carriage, an
essentially simple and straightforward contract between two parties, the
shipper and the carrier. Very often, however, a bill of lading is issued and a
third party appears on the scene: the holder of the bill of lading. The holder
was not involved in the making of the contract of carriage, but does have
rights, and possibly obligations, against the carrier at destination. The
question then is how the third-party holder of the bill acquires those rights
and obligations.
Analysing the different theories that have been proposed to explain the
position of the third-party holder, this book makes a distinction between
contractual theories and non-contractual theories to explain the holder’s
position. Contractual theories build on the initial contract of carriage and
apply contract law mechanisms while non-contractual theories construe the
position of the third-party holder independently.
Following the analysis and appraisal of the different theories, this book
makes the case that the position of the third-party holder of the bill of lading
is not obvious or self-evident; and submits that a statutory approach to the
position of the holder of the bill of lading has advantages and would be
preferable
Additional info: pdf+azw3

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