Accomplished Bill of Lading - Definition
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What is an Accomplished Bill of Lading?
A bill of lading is a document issued by a carrier of a ship's cargo to the shipper evidencing the cargo and ownership. The bill of lading is a contract, often issued as a receipt of carriage that serves as a reference that reflects the obligations and rights of porters and shippers.
An accomplished bill of lading is when an original or copy of the original bill of lading is endorsed and surrendered to the shipper at the port of discharge in exchange for the goods.
What are the functions of the Bill of Lading?
A Bill of Lading performs the following functions;
- An acceptance or acknowledgement that particular goods have been loaded. (The details, descriptions and specifications of the goods loaded are stated on the bill of lading.
- A proof that there are terms binding the carriage contract.
- A document used in securing the delivery of shipment of goods.
What is contained in the Bill of Lading?
An accomplished bill of lading shows that goods have been delivered to the carrier in the conditions stated in the bill and the goods are to be delivered in perfect condition. Contained in the bill of lading is the condition and quality of goods, number, brand and weight. The bill of lading presumes that all goods are delivered in the condition at which they appear on the bill of lading. However, to avoid this presumption, the captain of the ship can include some reservations to the bill of lading, these are statements contained in the bill at the time of proceeding to receive the goods on board.
What is a Nominative Bill of Lading?
A bill of lading can be nominative, in this regard, the receiver of the cargo (goods) and their carrier are designated. In this scenario, the bill of lading is carried, transferred and dispatched based on nomination or assignment. The person to receive the goods and the person to ship and deliver then are nominated, delegated or designated as the case may be.
What is a Bill of Lading to Order?
A bill of lading to order is one that is consigned that the merchandise (goods or cargo) will only be delivered based on the order of the shipper or of a third party. In this case, there is an order of a shipper or consignee for goods to be delivered to third parties or successive endorsees.
What is a Bill of Lading to Carrier?
This is also known as a traditional title. In this case, the validity is determined by whoever possesses the title contained in the bill and this is transferable by the material delivery of the document.
Academic Research for Accomplished Bill of Lading
- The evolution of the ocean bill of lading, McLaughlin, C. B. (1926).The Yale law journal, 35(5), 548-570.
- Can the electronic bill of lading go paperless?, Beecher, S. (2006). The International Lawyer, 627-647.
- Contract Liability of Parties to Negotiable Instruments, Zaretsky, B. L. (1990). Ala. L. Rev., 42, 627.
- Carriage of Goods by Sea--The Hague Rules, James, F. C. (1925). U. Pa. L. Rev., 74, 672.
- The electronic transmission of bills of lading, Chandler III, G. F. (1989). J. Mar. L. & Com., 20, 571.
- Multimodal Transportation: An American Perspective on Carrier Liability and Bill of Lading Issues, Wood, S. G. (1998). Am. J. Comp. L. Supp., 46, 403.
- Evolution and present state of the Ocean Bill of Lading from a Banking Law Perspective, Kozolchyk, B. (1992). J. Mar. L. & Com., 23, 161.
- Electronic bills of lading and functional equivalence, Livermore, J., & Euarjai, K. (1998). Journal of Information, Law and Technology (JILT), 1998(2), 1-13.
- Vimar Seguros y Reaseguros v. M/V Sky Reefer: Arbitration Clauses in Bills of Lading under the Carriage of Good by Sea Act, Milhorn, B. L. (1997). Cornell Int'l LJ, 30, 173.
- The bill of lading as a document of title, Schmitz, T. (2011). Journal of international Trade law and policy, 10(3), 255-280.
- Bill of lading, Munari, F. (2017). In Encyclopedia of Private International Law (pp. 194-202). Edward Elgar Publishing Limited.
- International carriage of goods by sea: problems in bills of lading and their impact in Australia and its major trading partners in Asia, Euarjai, K. (1999). (Doctoral dissertation, University of Tasmania).