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A contract of carriage is a contract between a carrier of cargo or passengers and the consignor, consignee or passenger. [1] Contracts of carriage typically define the rights, duties and liabilities of parties to the contract, addressing topics such as acts of God and including clauses such as force majeure (removing liability for extraordinary occurrences beyond control of the parties). [2]
To become a valid contract it has to be signed by the shipper or his agent and by the carrier or its authorized agent. Although the same individual or organisation may act on behalf of both the carrier and the shipper, the air waybill must be signed twice one each in the respective carrier and shipper boxes. Both signatures may be of the same ...
In this case, the bill of lading can be used if the shipper does not properly ship the goods then the shipper cannot receive the bill of lading from the carrier. Eventually, the shipper would have to deliver the bill of lading to the seller. In this case, the bill of lading is used as evidence of contract of carriage between seller and carrier.
A bill of lading is a legal document used in the transportation industry between a shipper of a particular good and a carrier detailing the type, quantity and destination of the good being transported. This document must accompany the shipped goods and be signed by an authorized representative from the carrier and the shipper.
A suit will lie against the shipper if the goods are damaged through insufficient packing, [11] [12] or if any loss is suffered through insufficient labelling. [13] [14] [15] A suit will lie against the carrier if the damage occurred aboard ship. [16] The carrier's P&I Club cover will normally bear the cost.
Whereas a charterparty is the contract between a shipowner and a charterer, a contract of carriage lies between the shipper and the carrier. A carrier will issue a shipper with a bill of lading, a receipt for cargo shipped which also serves as evidence of the contract of carriage. (In a demise charter, the charterer is the carrier; in a time or ...
The case concerned the question whether a contract could be implied between the transferee of a bill of lading to whom the goods had been delivered and the carrier. Prior to the Carriage of Goods By Sea Act 1992 the implication of such a contract was necessary if the transferee and the carrier were to have rights enforceable between themselves ...
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.
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