Lecture 7 Flashcards
What are the main functions of a Bill of Lading (B/L)?
Receipt for Goods
Evidence of Contract of Carriage
Document of Title
Prevents unauthorized parties from claiming delivery of goods (‘Sperrfunktion’).
Who are the parties involved in the Contract of Carriage?
Carrier, Shipper, Consignee, Holder/Third Party Holder.
What is an NVOCC (Non-Vessel Owning Common Carrier)?
A party that issues a B/L without owning or chartering ships, but acts as a carrier.
What is the Identity of Carrier (IOC) Clause?
Specifies that the contract evidenced by the B/L is between the merchant and the owner of the vessel.
What are the different types of Bills of Lading?
Order B/L, Bearer B/L, Straight B/L.
What is a Clause Paramount?
A clause that refers to the application of the Hague Visby Rules in a B/L.
What is the difference between a Sea Waybill and a Bill of Lading?
Sea Waybill: Not a document of title and does not transfer ownership.
Bill of Lading: A document of title that can be transferred by endorsement or delivery.
What are the applicable laws for Bills of Lading?
Hague Rules, Hague-Visby Rules, Hamburg Rules, Rotterdam Rules.
What is the ‘Tackle-to-Tackle’ debate?
Relates to whether the HVR only applies from loading to discharge (tackle-to-tackle) or beyond.
Important Cases:
The Rafaela S [2005] UKHL 11: Recognized straight B/L as a document of title under HVR.
Pyrene v Scindia [1954]: HVR applies if a B/L was intended to be issued, even if not physically issued.
