The Bill of Lading (Holder Rights and Liabilities)
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Product Details
Author:
Frank Stevens
Format:
Paperback
Pages:
252
Publisher:
Taylor & Francis (December 12, 2019)
Language:
English
ISBN-13:
9780367890919
Weight:
16.625oz
Dimensions:
6.125" x 9.1875"
File:
TAYLORFRANCIS-TayFran_260127071611569-20260127.xml
Folder:
TAYLORFRANCIS
List Price:
$59.99
Case Pack:
10
As low as:
$56.99
Publisher Identifier:
P-CRC
Discount Code:
H
Audience:
College/higher education
Country of Origin:
United States
Pub Discount:
30
Imprint:
Routledge
Overview
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.
