Download or read book Delivery of Goods under Bills of Lading written by Anders Møllmann and published by Routledge. This book was released on 2016-12-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Bills of Lading written by Sir Richard Aikens and published by CRC Press. This book was released on 2015-12-22 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bills of Lading form an essential part of the carriage of goods by sea and international trade. Their multi-functional nature, together with the large volume of case law and regulation, make the law in this field as complex is it is commercially vital. This bestselling book provides a detailed analysis of the law and practice applicable to bills of lading before, during and after shipment, helping today’s busy practitioner to quickly and easily find the information they need. This book has been fully revised and updated with all of the major developments since its first edition, including: Reference to increasingly important Singapore and Far-Eastern decisions An analysis of modern developments in seaworthiness, from vetting and approval clauses to the topical issues of vulnerability and piracy attacks Detailed examination of misdelivery, fraudulent or forged bills of lading, and delivery without production of a bill of lading Revised coverage of conflicts and procedural matters, including anti-suit injunctions, jurisdiction battles and the scope of arbitration Reference to relevant European law relating to issues of jurisdiction and procedure Comprehensive treatment of Switched bills, transhipment, house bills, deck carriage and container cargo New material on the practical implications of electronic bills of lading This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.
Download or read book Ocean Bills of Lading written by A. Athanassios N. Yiannopoulos and published by Martinus Nijhoff Publishers. This book was released on 1995-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main thrust of this volume is the use of electronic bills of lading in lieu of the traditional documents. The advantages of electronic bills of lading are many, including lower cost, higher efficiency, improved security, and speedier delivery of goods at the end of the voyage (the collection of reports focus upon bills of lading for the international carriage of goods by sea). According to the contributors, the use of electronic bills of lading is, essentially, a business rather than a legal decision. The law may provide the legal framework for the function of electronic bills of lading in the same way and with the same effects as the traditional bills of lading. However, business interests will eventually determine whether the availability of, and the economic incentives for, the use of the electronic bills of lading outweigh concerns for privacy and the safeguarding of trade secrets, for accuracy of information, and for security transactions and acquisition. Such concerns call for technological rather than legal solutions. This book ahould appeal primarily to practitioners who are interested in economics and commerce.
Download or read book Carver on Bills of Lading written by G. H. Treitel and published by Sweet & Maxwell. This book was released on 2011 with total page 1011 pages. Available in PDF, EPUB and Kindle. Book excerpt: La 4e de couverture indique : "Provides a guide to the nature and uses of a Bill of Lading. Provides a detailed analysis of common standard form clauses and the legal principles that apply to them. Includes a new Chapter providing key commentary on the Rotterdam Rules. Includes all the important new cases and Supreme Court decisions. Gives you an in-depth treatment of specialist commercial contract area. Gives you practical guidance through commentary on case law and legislation. Organised so that each chapter deals with a particular clause or group of clauses found in day to day practice."
Download or read book The History and Present Position of the Bill of Lading as a Document of Title to Goods written by William Porter Bennett and published by . This book was released on 1914 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Bill of Lading written by Michael D. Bools and published by . This book was released on 1997 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This maritime law text provides a detailed examination of a complex and crucial aspect of the ocean bill of lading - its fundamental role in transferring property, title, the rights of suit, liabilities, rights to delivery and legal possession.
Download or read book Cases and Materials on the Carriage of Goods By Sea written by Martin Dockray and published by Routledge. This book was released on 2013-03-04 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases Materials on the Carriage of Goods by Sea includes a collection of legislative material, standard form contracts and up-to-date coverage of English case law. It covers the major areas of chartering and bills of lading, as well as matters such as exclusion and limitation of liability. This edition has been comprehensively updated and adds the latest cases to its strong coverage of classic authorities. Notable additions in the chapters dealing with bills of lading include The Starsin, The Rafaela S, Motis Exports and The David Agmashenebeli. On the Carriage of Goods by Sea Act 1992, the important decisions of The Berge Sisar and East West Corp are incorporated, while key recent decisions on chartering, such as The Hill Harmony, The Happy Day and The Stolt Spur are fully treated. This book provides an up-to-date collection of materials relating to the carriage of goods by sea which will be of value to both students of law and legal practitioners.
Download or read book Carriage of Goods by Sea Act 1924 written by Robert Temperley and published by . This book was released on 1925 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Carriage of Goods by Sea written by John F. Wilson and published by Financial Times/Prentice Hall. This book was released on 1993 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this well established text continues to provide a comprehensive and critical study of the principles of law governing the carriage of goods by sea. While concentrating mainly on an exposition of the law relating to charterparties and bills of lading, coverage is also devoted to the development of new forms of documentation and to problems involving through and combined transport, in so far as they relate to carriage of goods by sea. The emphasis throughout the text is on the English common law approach but reference is also made to US and Commonwealth case material. Legal principles are examined critically against the background of current documentation and contemporary practice in the shipping industry. The book is recommended reading on professional courses and for undergraduate and postgraduate courses in Maritime law and International Trade. It should also be a useful basic reference for members of shipping and legal firms and P&I clubs who are involved in carriage claims.
Download or read book A Manual on the Law of Bills of Lading and Contracts of Shipment written by Ernest W. Hotchkiss and published by . This book was released on 1928 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Debattista on Bills of Lading in Commodities Trade written by Charles Debattista and published by Bloomsbury Publishing. This book was released on 2021-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debattista on Bills of Lading in Commodity Trade provides not so much a linear road-map as a GPS system, allowing the reader to locate which aspect of the bill of lading is central to the dispute they are dealing with and evaluating that aspect from the perspective of each of: (1) the contract of sale; (2) carriage contract and (3) letter of credit. The title examines questions such as: How can a buyer ensure in their sale contract that the bill of lading the buyer receives from the seller gives them secure title to sue the carrier? What impact does the choice of a particular Incoterms rule have on whom the carrier can sue under the contract of carriage? Where there is a claim by a buyer/cargo-claimant for loss, damage or delay to goods, must they factor any gains or benefits made under the sale contract claim/settlement into the quantum claimed in the cargo-claim against the carrier? What is a 'charterparty bill of lading' - and can it be tendered under a letter of credit? When and why might a seller need to “switch” bills of lading for its buyer or its bank - and does the seller have a right to demand the switching of bills under the Hague-Visby Rules? All of these questions – and many others like them – cut across areas of law normally siloed in academic and practitioner texts. The purpose of this title is to make links and draw out connections, with a view to assisting lawyers when a dispute arises – and others drafting different contracts seeking to avoid problems arising in the first place. The fourth edition of this work, now bearing a new title and benefitting from the arrival of a co-author, has been fully revised to take account of case-law and regulatory developments in the twelve years since the last edition.
Download or read book An Outline of the Law Relating to Carriage of Goods by Sea written by William Payne (Barrister-at-law) and published by . This book was released on 1914 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bills of Lading written by Nicholas Gaskell and published by Routledge. This book was released on 2017-07-05 with total page 926 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bills of Lading: Law and Contracts provides a detailed legal analysis of common standard form clauses in bills of lading (and waybills) which are in use in the maritime world, as well as a comprehensive examination of the legal principles which are applicable to them. Bills of Lading: Law and Contracts provides a detailed legal analysis of standard form clauses in bills of lading (and waybills) which are in use in the maritime world, as well as a comprehensive examination of the legal principles which are applicable to them.
Download or read book Bills of Lading written by Sir Richard Aikens and published by Taylor & Francis. This book was released on 2020-12-23 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bills of lading form an essential part of the carriage of goods by sea and international trade. Their multi-functional nature, together with the large volume of case law and regulation, make the law in this field as complex as it is commercially vital. This bestselling book, now in its third edition, provides a detailed analysis of the law and practice applicable to bills of lading before, during, and after shipment, helping today’s busy practitioner to quickly and easily find the information they need. This book has been fully revised and updated with all the major developments, including: reference to increasingly important Singapore and Far-Eastern decisions; an analysis of modern developments in seaworthiness, from vetting and approval clauses to the topical issues of vulnerability and piracy attacks; detailed examination of misdelivery, fraudulent or forged bills of lading, and delivery without production of a bill of lading; revised coverage of conflicts and procedural matters, including anti-suit injunctions, jurisdiction battles, and the scope of arbitration; reference to relevant European law relating to issues of jurisdiction and procedure; comprehensive treatment of switch bills, transhipment, house bills, deck carriage, and container cargo; and new material on the practical implications of electronic bills of lading, and the implications of automated vessels. This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.
Download or read book The Bill of Lading written by Frank A. Larish and published by . This book was released on 1920 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transport Documents in Carriage Of Goods by Sea written by Časlav Pejović and published by Taylor & Francis. This book was released on 2020-03-05 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship’s delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.
Download or read book A Treatise on the Law Relating to the Carriage of Goods by Sea written by Thomas Gilbert Carver and published by . This book was released on 1900 with total page 1004 pages. Available in PDF, EPUB and Kindle. Book excerpt:
