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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 Hague Rules of 1924 (formally the "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, and Protocol of Signature") [1] is an international convention to impose minimum standards upon commercial carriers of goods by sea.
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 ...
Also, whereas the Hague–Visby Rules require a ship to be seaworthy only "before and at the beginning" of the voyage, under the Rotterdam Rules the carrier will have to keep the ship seaworthy throughout the voyage (although this new duty will be to a reasonable standard that is subject to the circumstances of being at sea).
s.1: The CoGSA 1992 now applies to: bills of lading, sea waybills, and ship's delivery orders. A bill of lading must be negotiable, and includes a "received for shipment" bill. s.1 also empowers the minister to make regulatory provision (by way of a statutory instrument) in respect of electronic transactions and electronic bills of lading.
Consignees (or indeed any lawful holder of the bill of lading) [6] who wishes to make a cargo claim because their goods are substandard or have been lost or damaged at sea, typically have four options: They may sue the seller, the shipper, or the carrier; or they may claim from their own insurance policy.
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]
Also, although Article III(4) declares a bill of lading to be a mere prima facie evidence of the receipt by the carrier of the goods", section 4 of the Carriage of Goods by Sea Act 1992 upgrades a bill of lading to be "conclusive evidence of receipt", thereby annulling the decision in Grant v Norway 1851. [4]