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The Bill of Lading - Holder Rights and Liabilities (Hardcover)
Loot Price: R4,170
Discovery Miles 41 700
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The Bill of Lading - Holder Rights and Liabilities (Hardcover)
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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.
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