The Bill of Lading

Holder Rights and Liabilities

Nonfiction, Reference & Language, Law, Commercial, Business & Finance, Business Reference
Cover of the book The Bill of Lading by Frank Stevens, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Frank Stevens ISBN: 9781351214209
Publisher: Taylor and Francis Publication: December 14, 2017
Imprint: Routledge Language: English
Author: Frank Stevens
ISBN: 9781351214209
Publisher: Taylor and Francis
Publication: December 14, 2017
Imprint: Routledge
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Taylor and Francis

Cover of the book Economics After the Crisis by Frank Stevens
Cover of the book Writing in Psychology by Frank Stevens
Cover of the book Living the Dream by Frank Stevens
Cover of the book The European Economy in an American Mirror by Frank Stevens
Cover of the book Psychology and the Conduct of Everyday Life by Frank Stevens
Cover of the book Cultural Studies and the Symbolic: Theory Studies, Presented at the Univeristy of Glasgow's Centre for Intercultural Studies: v. 1: Occasional papers in cassirer and cultural by Frank Stevens
Cover of the book The Russian Revolution of 1905 by Frank Stevens
Cover of the book Young Citizens by Frank Stevens
Cover of the book Business Planning for Turbulent Times by Frank Stevens
Cover of the book The Rash Resolve and Life's Progress by Frank Stevens
Cover of the book Torture and Truth (Routledge Revivals) by Frank Stevens
Cover of the book The Elderly in Poor Urban Neighborhoods by Frank Stevens
Cover of the book Strategies for Sustainable Mobilities by Frank Stevens
Cover of the book Integration, development and equity: economic integration in West Africa by Frank Stevens
Cover of the book John Henry Newman by Frank Stevens
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy