Bills of Lading by Aikens, Richard,Lord, Richard,Bools, Michael -- Read -- Imperial Library of Trantor

Index

Cover Half Title Title Copyright Contents Acknowledgements Table of Cases Table of Statutes Table of Statutory Instruments Table of Conventions and Rules Table of European Legislation Chapter 1 A short history of the bill of lading

(A) The origins of the bill of lading

Proof of entitlement The contract of carriage An indicium of title Conclusions

(B) The eighteenth century and Lickbarrow v Mason (C) The bill of lading in the nineteenth century and Barber v Meyerstein

The Hague Rules and the Carriage of Goods by Sea Act 1924

Chapter 2 Definition and classification of bills of lading

(A) Introduction (B) Bill of lading contrasted with other instruments

Receipts Waybills Delivery orders/warrants Charterparties/booking notes

Negotiable and non-negotiable bills Bearer bills Order bills Straight consigned bills Shipped bills Received for shipment bills – introduction Is a received for shipment bill of lading really a bill of lading? Received for shipment bills of lading – other issues Freight prepaid bills Through bills and combined transport bills Short/long form bills Clean/claused bills Originals and copy bills Spent and stale bills

(D) Other definitions of bills of lading

The Factors Act 1889 COGSA 1971 and the Hague Rules COGSA 1992 The Hamburg Rules UCP 600

(E) Electronic bills

What are electronic bills of lading Are electronic “bills” bills of lading? Other problems The BOLERO Scheme The essDOCS Scheme The future

Chapter 3 The issue of bills of lading

(A) Introduction (B) The obligation to issue a bill of lading

The requirement to issue a bill of lading

Where the vessel is not chartered Where the vessel is chartered Particulars inserted in a bill of lading Sets of bills

(D) Place and time/date of issue

Place of issue Time of issue

(E) Failure to issue at all bills of lading or bills in an appropriate form

Failure or refusal to issue bill of lading The relevance of charterparty terms

(F) Authority to sign/bind (G) Authority and false or inaccurate bills (H) Rights and obligations of the master/carrier on signing bills of lading

Contractual duty to take care Article III rule 3 of the Hague Rules

(I) Status of parties concerned with bill of lading

Status of the shipper Status of carrier Status of the consignee Status of notify party

(J) Split/subsequent/switch bills

Change of consignee Splitting/cancelling/“switch” bills

(K) Indemnities consequent on issue

Chapter 4 Representations in the bill of lading

(A) Introduction (B) The carrier’s obligation to record quality and quantity

The common law The Hague and Hague-Visby Rules

At common law

(D) Representations in the bill of lading as between the shipper and carrier

Common law Hague-Visby Rules

(E) Representations in the bill of lading in the hands of a transferee

The common law – estoppel The common law – negligent misstatement and deceit The Hague-Visby Rules

(F) Representations in the bill of lading as between the transferor and transferee (G) Representations made without authority

Common law Bills of Lading Act 1855, section 3 COGSA, section 4 Requirements of the section Effect of the section

(H) Warranty of authority (I) Conclusive evidence clauses

Chapter 5 Delivery

(A) Introduction (B) The right to delivery of the goods onboard from the carrier

A contractual right to delivery No right to delivery by reason of mere possession of the bill of lading Conclusion

Delivery without production of a bill Delivery without production of a non-negotiable bill Carrier protected by delivery to the holder of a negotiable bill Delivery to the consignee named in a non-negotiable bill The carrier’s failure to require the surrender of the bill of lading Letters of indemnity against liability for delivery without the production of the bill of lading

Chapter 6 The bill of lading and property and title to the goods

(A) Introduction (B) The bill of lading as a document of title at common law

Straight bills of lading Received for shipment bills of lading Mate’s receipts and delivery orders Delivery warrants and orders

The shipper’s/seller’s retention of the bill of lading The nature of the interest reserved Transfer of the bill of lading

(D) The transfer of the bill of lading other than to the buyer

Transfers of the bill of lading to banks or agents

(E) The bill of lading and good faith purchasers

Transfers under the Factors Act 1889 Dispositions by buyers and sellers

Chapter 7 The bill of lading as a contract

(A) Introduction

Contract contained or evidenced

(B) Formation of “the bill of lading contract”

Antecedent contract One contract or more No (apparent) antecedent contract Bill of lading of no contractual force Rectification Contract concluded after issue of the bill

Which terms are contractually effective? Inconsistency between terms of bill and other terms Contractual content of bill in the hands of the indorsee Principles of construction of the bill of lading contract Terms and representations distinguished Implied terms in a bill of lading contract Classification of terms Statutory control of bill of lading contracts

(D) Identity of parties to the bill of lading contract

Who is the contracting carrier? Identity of the other contracting party Estoppel

(E) Incorporation of terms into the bill of lading contract

General words of incorporation Specific words of incorporation Summary of principles Identifying the charter whose terms are to be incorporated

(F) Other contractual issues

Termination Duties post termination

Chapter 8 The transfer of contractual rights

(A) The position prior to COGSA 1992

The position at common law The Bills of Lading Act 1855 Growing problems with the 1855 Act

(B) The doctrine in Brandt v Liverpool (C) COGSA 1992

The holder of a bill of lading – the concept of possession Obtaining possession Restrictions on “holder” In good faith Contract of carriage Estoppel Set-off Goods Sea waybills Ship’s delivery orders Application of section 3

(D) The Contracts (Rights of Third Parties) Act 1999

Chapter 9 Claims other than in contract

(A) Introduction (B) Suit in negligence

General principles Physical loss and damage Economic loss Title to sue in negligence Negligence and damage occurring at different times The relevance of contracts International regimes Substantive differences between claims in negligence and Hague Rules regime The relevance of bailment

The essence of bailment Possession Attornment Duties and responsibilities of the bailee Duty of the bailor Title to sue Sub-bailment Bailment on terms

(D) Suit in wrongful interference with goods/conversion

Title to sue for wrongful interference with goods Species of wrongful interference with goods Quantum of damages in claims for wrongful interference The effect of contractual terms on claims for wrongful interference

(E) The relevance of contractual terms to non-contractual claims

The basic principle (1) Agency (2) Contractual protection to “non-parties” – Himalaya clauses Implied contract Bailment on terms Statutory force of law

Chapter 10 Contractual rights and obligations: The Hague Rules

(A) Introduction (B) The rules – history and basic principles

History

Language International convention Use of travaux préparatoires Interpretation of foreign versions of the Rules

(D) Application/incorporation of the rules

COGSA 1971: Introduction Article X Sub-rule X(a) Sub-rule X(b) Sub-rule X(c) Section 1 of COGSA 1971 Foreign law applicable The Hague Rules

(E) Individual Hague-Visby Rules

The basic scheme of the Hague-Visby Rules Article I Article II Article III Article III rule 1 Article III rule 2 Care of cargo at common law The position under the Rules Article III rule 3 Article III rule 4 Article III rule 5 Article III rule 6 Article III rule 6bis Article III rule 7 Article III rule 8 Article IV Article IV rule 1 Article IV rule 2 Article IV rule 3 Article IV rule 4 Article IV rule 5 Article IV rule 6 Article Vbis Article VI Article VII Article VIII Article IX Article X

(F) The Hamburg Rules

Introduction Application Specific rules

(G) The Rotterdam Rules

Chapter 11 Combined transport and through bills of lading

(A) Introduction

Scope of this chapter Main issues Terminology

(B) Basic contractual issues

What is the ambit of the contract? One contract of carriage (to which C is party) Contracting as agent Contract for carriage The role of “freight forwarders” and “agents” Principal, agent or both?

General considerations Specific contexts

(D) Carrier’s liability

Which regime Aspects of the Hague and Hague-Visby Rules

Chapter 12 Freight

(A) Introduction (B) Right to freight – Conditions of earn/return

The common law position in the absence of specific contractual provision Specific contractual provisions

The original contracting party The subsequent holder or indorsee Freight “as per charterparty” Freight prepaid bills

(D) Who is entitled to freight (E) Lien for freight

Lien on cargo “Lien” on freight or sub-freights

(F) Defences to claims for freight

Rule against set-off Illegality

Chapter 13 Primary remedies

(A) Damages

Non-delivery of cargo and delivery of damaged cargo Late delivery Failure by carrier to ship cargo Late loading Other “consequential” losses Failure by cargo interests to load or take delivery of cargo Representations in bills of lading Damages for conversion or wrongful interference with goods Interest

(B) Injunctions and related orders

Injunctions Orders under the Torts (Interference with Goods) Act 1977, CPR Part 25 and the Arbitration Act 1996

Specific performance Rectification Miscellaneous remedies

(D) Declarations

Chapter 14 Conflicts and procedural matters

(A) Introduction (B) Applicable law

Contract

Validity Scope of jurisdiction or arbitration clauses

(D) In rem actions (E) In personam actions – The European regime (F) In personam actions – The English regime

Presence in the jurisdiction Service within the jurisdiction Service out of the jurisdiction

(G) Ancillary remedies and other procedural matters

Stays of actions Anti-suit injunctions Negative declarations Limitation claims Miscellaneous other applications

Appendix 1: Hague Rules 1924 Appendix 2: Bills of Lading Act 1855 (Repealed) Appendix 3: Carriage of Goods by Sea Act 1971 Appendix 4: Carriage of Goods by Sea Act 1992 (C. 50) Appendix 5: Schedule of Contracting States Index

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