Carriage of Goods by Sea (2nd Edition)
Contents
-
-
-
-
-
-
-
-
-
-
-
A. Introduction A. Introduction
-
Overview Overview
-
-
B. Statements on the Face of the Bill of Lading B. Statements on the Face of the Bill of Lading
-
General importance General importance
-
Guarantee of particulars Guarantee of particulars
-
-
C. Quantity or Weight C. Quantity or Weight
-
Evidential value Evidential value
-
Defeating statements in the bill of lading Defeating statements in the bill of lading
-
Estoppel and third parties Estoppel and third parties
-
False statements: goods not shipped False statements: goods not shipped
-
Grant v Norway—limited Grant v Norway—limited
-
Survival of Grant v Norway? Survival of Grant v Norway?
-
First statutory response: 1855 Act First statutory response: 1855 Act
-
Second statutory response: Carriage of Goods by Sea Act 1992 Second statutory response: Carriage of Goods by Sea Act 1992
-
Contracting out of responsibility Contracting out of responsibility
-
Contracting out: ‘said to be’ or ‘weight and quantity unknown’ Contracting out: ‘said to be’ or ‘weight and quantity unknown’
-
Contracting out: ‘said to contain’ Contracting out: ‘said to contain’
-
Contracting out: ‘FCL/FCL’ Contracting out: ‘FCL/FCL’
-
Precise words Precise words
-
-
D. Condition D. Condition
-
External condition External condition
-
Reasonable inspection Reasonable inspection
-
Evidential value Evidential value
-
Condition: containerized goods Condition: containerized goods
-
Contracting out Contracting out
-
-
E. Leading Marks E. Leading Marks
-
Introduction Introduction
-
Identification Identification
-
Quality Quality
-
-
F. Receipt and the Carriage of Goods by Sea Act 1992 F. Receipt and the Carriage of Goods by Sea Act 1992
-
Introduction Introduction
-
Representations Representations
-
Effect of the Act Effect of the Act
-
Interface with the Hague-Visby Rules Interface with the Hague-Visby Rules
-
Other transport documents Other transport documents
-
-
G. Endorsements and Indemnities G. Endorsements and Indemnities
-
Avoidance of endorsements Avoidance of endorsements
-
Inducement to ignore defects Inducement to ignore defects
-
Indemnities: generally Indemnities: generally
-
Indemnities: fraud Indemnities: fraud
-
Indemnities: no fraud? Indemnities: no fraud?
-
Indemnities and P & I cover Indemnities and P & I cover
-
-
H. The Master’s Role in Clausing the Bills of Lading H. The Master’s Role in Clausing the Bills of Lading
-
Master’s role: generally Master’s role: generally
-
Master’s role: detailed Master’s role: detailed
-
Defective goods Defective goods
-
Reasonable basis for clausing Reasonable basis for clausing
-
Refusal to sign Refusal to sign
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
6 The Bill of Lading as a Receipt for the Goods Shipped
Get access-
Published:07 July 2011
Cite
Extract
Introduction
Overview
We have previously noted that, at common law, the original function performed by the bill of lading was that it was a receipt for the goods1 and contained statements as to quantity, a description of the goods, and the condition in which they were received by the carrier. These facets of the bill of lading came to have important commercial consequences and, in practice, this often forms an area where disputes arise. In this chapter we consider these aspects from the standpoint of the common law.2
See para 3.03 above.
See, generally, Scrutton (2008), arts 54–64; Carver (2005), ch 2; Gaskell (2000), ch 7.
Statements on the Face of the Bill of Lading
General importance
The face of the bill of lading contains a great deal of important information.3 This includes information as to the loading port and date of shipment, the discharge port, and the name of the ship. However, more significantly, the face contains information as to the description of the goods, the quantity (or weight) shipped, and the condition of those goods. This information is intended to inform subsequent holders of the facts represented, for those facts are likely to be relevant to the exercise of their contractual rights against sellers of the goods or, indeed, the carriers themselves.4 Thus, it may be said that it is in the interest of the carrier for the bill of lading to say as little as possible about the goods shipped. Thus, the Conlinebill 2000 form provides that ‘particulars declared by the shipper but not acknowledged by the carrier’.5
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Metrics
Metrics
| Month: | Total Views: |
|---|---|
| September 2024 | 1 |
| October 2024 | 4 |
| November 2024 | 1 |
| January 2025 | 4 |
| February 2025 | 6 |
| May 2025 | 3 |
| November 2025 | 3 |
| December 2025 | 3 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution's website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution's website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see "Sign in through society site" in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.