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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]
Lickbarrow v Mason ((1788), 2 T. R. 63 and (1794) 5 TR 683) refers to an English legal case in which it was determined that a shipped or endorsed bill of lading is a document of title at common law, i.e. a document which can be owned and therefore the ownership of it could be sold or otherwise transferred to someone else.
A study on the impact of the adoption of a law aligned to the MLETR in the United Kingdom has quantified the benefits of such adoption. Besides economic benefits, which include up to £224 billion in efficiency savings, adoption of such legislation may reduce the number of days needed for processing trade documents by up to 75%.
Grant v Norway (1851) [1] is a case on the Law of Carriage of Goods by Sea; but since 1992 it has no longer been good law.. This was an action upon the case by the indorsees of a bill of lading, against the owners of a vessel, to recover the amount of advances made by the former upon the bills of lading, the goods never having in fact been shipped.
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.
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]
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 ...
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