The Bill Of Lading

Author : Sir Richard Aikens,Richard Lord QC,Michael Bools QC
Publisher : CRC Press
Page : 865 pages
File Size : 45,8 Mb
Release : 2015-12-22
Category : Law
ISBN : 9781317613459

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Bills of Lading by Sir Richard Aikens,Richard Lord QC,Michael Bools QC Pdf

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.

Author : William Porter Bennett
Publisher : CUP Archive
Page : 122 pages
File Size : 44,6 Mb
Release : 1914
Category : Bills of lading
ISBN : 8210379456XXX

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The History and Present Position of the Bill of Lading as a Document of Title to Goods by William Porter Bennett Pdf

Author : G. H. Treitel,Francis Martin Baillie Reynolds,Thomas Gilbert Carver
Publisher : Sweet & Maxwell
Page : 1011 pages
File Size : 43,8 Mb
Release : 2011
Category : Business & Economics
ISBN : 9780414048522

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Carver on Bills of Lading by G. H. Treitel,Francis Martin Baillie Reynolds,Thomas Gilbert Carver Pdf

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."

Author : Frank Stevens
Publisher : Routledge
Page : 228 pages
File Size : 52,5 Mb
Release : 2017-12-14
Category : Business & Economics
ISBN : 9781351214209

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The Bill of Lading by Frank Stevens Pdf

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.

Author : Anders Møllmann
Publisher : Routledge
Page : 240 pages
File Size : 52,6 Mb
Release : 2016-12-01
Category : Business & Economics
ISBN : 9781134890071

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Delivery of Goods under Bills of Lading by Anders Møllmann Pdf

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.

Author : Alan Mitchelhill
Publisher : Springer
Page : 179 pages
File Size : 40,9 Mb
Release : 2013-11-21
Category : Science
ISBN : 9781489972361

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Bills of Lading by Alan Mitchelhill Pdf

Author : Michael D. Bools
Publisher : Unknown
Page : 330 pages
File Size : 45,6 Mb
Release : 1997
Category : Bills of lading
ISBN : UVA:35007002456550

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The Bill of Lading by Michael D. Bools Pdf

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.

Author : Nicholas Gaskell
Publisher : Routledge
Page : 1523 pages
File Size : 55,7 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351573818

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Bills of Lading by Nicholas Gaskell Pdf

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.

Author : Stephen Mills
Publisher : Unknown
Page : 141 pages
File Size : 49,5 Mb
Release : 2005-01
Category : Bills of lading
ISBN : 0954653718

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Bills of Lading by Stephen Mills Pdf

A guide to good practice for the proper use of bills of lading

Author : Andrew Hutchison,Franziska Myburgh
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 42,5 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788971065

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Research Handbook on International Commercial Contracts by Andrew Hutchison,Franziska Myburgh Pdf

This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

Author : C. F. Powers
Publisher : Dobbs Ferry, N.Y. : Oceana Publications
Page : 304 pages
File Size : 48,6 Mb
Release : 1966
Category : Bills of lading
ISBN : UCAL:B4308199

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A Practical Guide to Bills of Lading by C. F. Powers Pdf

Author : Charles Debattista,Francis Hornyold-Strickland
Publisher : Bloomsbury Publishing
Page : 379 pages
File Size : 51,7 Mb
Release : 2021-04-23
Category : Law
ISBN : 9781784510350

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Debattista on Bills of Lading in Commodities Trade by Charles Debattista,Francis Hornyold-Strickland Pdf

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.

Author : Frank A. Larish
Publisher : Unknown
Page : 72 pages
File Size : 50,6 Mb
Release : 1920
Category : Bills of lading
ISBN : UOM:39015021128221

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The Bill of Lading by Frank A. Larish Pdf

Author : Paul Todd
Publisher : Taylor & Francis
Page : 362 pages
File Size : 54,5 Mb
Release : 2013-05-02
Category : Law
ISBN : 9781135135744

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Bills of Lading and Bankers' Documentary Credits by Paul Todd Pdf

Bills of Lading and Bankers’ Documentary Credits provides a straightforward guide to the nuances and complexities of deals conducted under the documentary credit system. The book describes in detail the law applicable to and the practical workings of bankers' documentary credits as they are used in international sales and carriage of goods contracts in a way that is accessible to both lawyers and to businessmen who have to use these contracts on a day-to-day basis. In its fourth edition, Bills of Lading and Bankers’ Documentary Credits has been completely updated to take account of recent case law and developments including the UCP 600 as well as progress in electronic and other documentation since the last edition.

Author : Eugene Leggett
Publisher : Unknown
Page : 520 pages
File Size : 42,5 Mb
Release : 1880
Category : Bills of lading
ISBN : STANFORD:36105044211246

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A Treatise on the Law of Bills of Lading by Eugene Leggett Pdf