Carriage of Goods by Sea (2nd Edition)
Contents
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A. Introduction A. Introduction
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Overview Overview
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B. Delivery to the Person Entitled B. Delivery to the Person Entitled
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The presentation rule The presentation rule
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Effect of delivery absent contrary notice Effect of delivery absent contrary notice
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Interpleading Interpleading
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No obligation to deliver without the bills of lading No obligation to deliver without the bills of lading
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C. Delivery against Fraudulent Bills of Lading C. Delivery against Fraudulent Bills of Lading
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Fraud in the carriage of goods by sea Fraud in the carriage of goods by sea
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Forgeries Forgeries
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Industry response Industry response
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D. Delivery and Exclusionary Terms D. Delivery and Exclusionary Terms
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Express clauses Express clauses
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Approach confirmed Approach confirmed
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E. Delivery and Custom E. Delivery and Custom
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Custom proved Custom proved
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Approach confirmed Approach confirmed
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F. Delivery and Straight Bills of Lading F. Delivery and Straight Bills of Lading
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Introduction Introduction
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Older English authorities Older English authorities
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Older cases in Hong Kong and Singapore Older cases in Hong Kong and Singapore
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Later developments in Singapore Later developments in Singapore
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Developments in English law Developments in English law
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Views upheld: Australia and Hong Kong Views upheld: Australia and Hong Kong
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Analysis Analysis
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G. Delivery: Sea Waybills G. Delivery: Sea Waybills
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No presentation No presentation
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H. Delivery against Letters of Indemnity H. Delivery against Letters of Indemnity
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The background The background
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Form of indemnity Form of indemnity
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Status Status
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Security Security
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Enforceability Enforceability
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No obligation to accept an indemnity No obligation to accept an indemnity
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P & I cover P & I cover
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I. Consequences of Failure to Take Delivery I. Consequences of Failure to Take Delivery
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Delivery in a reasonable time Delivery in a reasonable time
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Failure to take delivery Failure to take delivery
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Bill of lading clauses Bill of lading clauses
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J. Consequences of Misdelivery J. Consequences of Misdelivery
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Generally Generally
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Claim in contract Claim in contract
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Conversion Conversion
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K. Delivery under the Rotterdam Rules K. Delivery under the Rotterdam Rules
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Introduction Introduction
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Acceptance of delivery by the consignee Acceptance of delivery by the consignee
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Acknowledgement of receipt Acknowledgement of receipt
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Delivery against a negotiable transport document Delivery against a negotiable transport document
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Negotiable document not requiring surrender Negotiable document not requiring surrender
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Delivery and non-negotiable transport documents Delivery and non-negotiable transport documents
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Delivery and non-negotiable documents requiring surrender Delivery and non-negotiable documents requiring surrender
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Goods remaining undelivered Goods remaining undelivered
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Carriers’ rights where goods undelivered Carriers’ rights where goods undelivered
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Liability of the carrier Liability of the carrier
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10 The Carriers’ Delivery Obligation
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Published:07 July 2011
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Extract
Introduction
Overview
Following on from the recognition that the bill of lading is a document of title at common law,1 a further principle has evolved which requires the master only to part with the goods on presentation of the bill of lading2 by the holder.3 This delivery4 function5 has been described as the ‘principal role’ of the bill of lading6 and is typically reinforced by the following statement in most bills of lading: ‘SHIPPED on board in apparent good order and condition … for carriage to the Port of discharge …’7. In this chapter we examine the fundamental principles, both for bills of lading and other documents. We consider also where delivery shall be made against letter of indemnity and what happens when the consignee fails to take delivery. We conclude by analysing the consequences of a breach on the part of the carrier.
See para 8.02 above.
See Barclays Bank Ltd v Commissioners of Customs and Excise [1963] 1 Lloyd’s Rep 81, 88–9 (Diplock LJ); Kuwait Petroleum Corporation v I & D Oil Carriers Ltd (The Houda) [1994] 2 Lloyd’s Rep 541 (CA), 550 (Neill LJ). See also
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