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Scruttons Ltd v Midland Silicones Ltd [1961] UKHL 4, [1962] AC 446 [1] is a leading House of Lords case on privity of contract.It was a test case in which it was sought to establish a basis upon which stevedores could claim the protection of exceptions and limitations contained in a bill of lading contract to which they were not party. [2]
The Standard Carrier Alpha Code, a two-to-four letter identification, is used by the transportation industry to identify freight carriers in computer systems and shipping documents such as Bill of Lading, Freight Bill, Packing List, and Purchase Order.
An electronic bill of lading (or eB/L) is the legal and functional equivalent of a paper bill of lading. [27] An electronic bill of lading must replicate the core functions of a paper bill of lading, [28] namely its functions as a receipt, as evidence of or containing the contract of carriage and as a document of title. [citation needed]
The standard form of contract is a bill of lading which, in international shipping law, is simply a contract for the carriage of goods entered into between the shipper and the carrier that is not a charter party. [3] It is always a term of that contract that the carrier must deliver the goods to a specific receiver.
In some cases, a single document may serve both purposes. In general, a bill of lading serves as a legal instrument focusing on and documenting such issues as ownership, whereas a cargo manifest is often more concerned with physical aspects of the cargo, such as weight and size. When the cargo is being shipped by several different shipping ...
The Uniform Bills of Lading Act was adopted in 1909 and passed by the U.S. Uniform Law Commission.The act addressed the judicial and legislative treatment of issues such as the extent of the carrier's liability to the consignee of the goods or to the buyer of the bill of lading based upon the carrier's issuance of the bill. [1]
Under s.1(3) of the Act, a sea waybill is: "any document which is not a bill of lading but is such a receipt for goods as contains a contract for the carriage of goods by sea; and identifies the person to whom delivery of the goods is to be made by the carrier in accordance with that contract".
The Bills of Lading Act 1855 (18 & 19 Vict. c. 111) was commendably brief and proved useful, but as time went by certain defects became apparent. [3]The English courts devised some ways round the problem: in Brandt v Liverpool (1924) [4] [5] the concept of implied contracts was developed, although the courts proved reluctant to use this concept. [6]