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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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Delivery of Goods under Bills of Lading (Hardcover)
Loot Price: R5,027
Discovery Miles 50 270
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Delivery of Goods under Bills of Lading (Hardcover)
Expected to ship within 12 - 17 working days
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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.
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