The title examines questions such as:
How can a buyer ensure in their sale contract that the bill of lading the buyer receives from the seller gives them secure title to sue the carrier?
What impact does the choice of a particular Incoterms rule have on whom the carrier can sue under the contract of carriage?
Where there is a claim by a buyer/cargo-claimant for loss, damage or delay to goods, must they factor any gains or benefits made under the sale contract claim/settlement into the quantum claimed in the cargo-claim against the carrier?
What is a ‘charterparty bill of lading’ – and can it be tendered under a letter of credit?
When and why might a seller need to “switch” bills of lading for its buyer or its bank – and does the seller have a right to demand the switching of bills under the Hague-Visby Rules?
All of these questions – and many others like them – cut across areas of law normally siloed in academic and practitioner texts. The purpose of this title is to make links and draw out connections, with a view to assisting lawyers when a dispute arises – and others drafting different contracts seeking to avoid problems arising in the first place.
The fourth edition of this work, now bearing a new title and benefitting from the arrival of a co-author, has been fully revised to take account of case-law and regulatory developments in the twelve years since the last edition.
Table Of Contents
PART I – DOCUMENTARY CONTROL OVER THE GOODS
Chapter 2: The right to claim delivery of the goods
Chapter 3: The power to transfer the right to claim delivery
PART II – RISK, TITLE TO SUE AND PROPERTY
Chapter 4: Risk of loss and the righ to sue the carrier on the contract of carriage
Chapter 5: The transfer of property in the international sale of goods carried by sea
PART III – TENDER OF AN ACCETABLE BILL OF LADING
Chapter 6: Tender of the bill of lading as a receipt
Chapter 7: Tender of the bill of lading as a contract of carriage
Chapter 8: Tender of bills of lasing under charterparties
Chapter 9: Rejection of documents and goods
APPENDICES