BILL OF LADING

Is bill of lading Satisfactory Contractual Basis for the International Carriage of Goods by Sea?

BILL OF LADING

Introduction

Bills of Lading is off-putting both to new parties to law of shipping and to the parties who are specialist in other areas, yet at times, require to mention reported cases that entail bills of lading. Following is the overview of bill of lading, involving some of principal legal regulations, governing bills of lading to the commercial operations of bills of lading.

Commercial and Legal Functions of Bills of Lading

Evidence of Receipt of Cargo

Originally bill of lading is not more than a document issued to traders by carriers as a proof receipt by carriers, in good condition, of shipments transported on board their ships. Therefore, Bill of lading has allowed the transporters or the receivers of the shipments to develop that shipment either was not delivered completely or delivered in bad conditions at the destination as they must have been damaged whilst in the carrier. The work of receipt of Cargo is a primary function of the face of majority of bill of lading, which contains information related to specific shipments like description, quantity of goods, numbers, seal numbers, dimensions and weight of containers if the shipments are containerised.

Most of the time shippers and carriers prepare Bills of lading, in case they make bills of lading, must depend mainly on data provided by shippers. Most of the time carriers are left with little opportunities in loading, without any reliance for confirmation of all that chipper state with regard to the nature, quantity and condition of their shipments for example, since shipment is packed with packaging. On the other hand, since the bill of landing is a receipt that carrier issues, and the carrier instead of shipper will be responsible to the receiver for any discrepancy in the quantity and the apparent order and the state of the shipment, as recognized in the bill of lading and of the shipment as delivered to the receiver.

The bill of lading can b considered as definite proof as among the carrier and receiver and as at minimum prima facie proof between the chipper and carrier with regard to the weight, quantity or number and apparent order and state of shipment on loading. The content of the face of bill of lading may raise estopel at common law or it can turn out to be actionable as representing negligent misrepresentation or fraudulent.

Subsequently, since the carrier is in that way exposed to risk, the data provided by the face of the bill of lading on the whole will be stated or considered to have been provided and guaranteed by the transporter, which will be needed to cover the carrier for any fault in the data given for entailment in the bill of lading. Most of the time, the data provided on the face of bill of lading is expressed in qualified terms. The description of either the quantity or quality of the shipment given by receipt of the bill of ...