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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 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]
Its scope is to allow the use of transferable documents and instruments in electronic form. Transferable documents and instruments typically include bills of lading, warehouse receipts, bills of exchange, promissory notes and cheques. National law qualifies a document or instrument as transferable.
It is the U.S. enactment of the International Convention Regarding Bills of Lading, commonly known as the "Hague Rules". It was found in Title 46 Appendix of the United States Code, starting at Section 1301, but has been moved to a note in 46 United States Code 30701. [2]
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 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]