ISSN(Print): 2709-6254 | ISSN(Online) : 2709-6262 | ISSN-L : 2709-6254

Title

Bills of Lading: Consequences of Non-Presentation and Effects of Exclusion Clauses


Authors

  1. Dr. Qamar Abad
    Incharge Ph.D. Programme, School of Law, University of Karachi, Sindh, Pakistan
  2. Dr. Ghulam Murtiza
    Assistant Professor, College of Law, Government College University, Faisalabad, Punjab, Pakistan

Abstract

A shipping document called a bill of lading plays a significant role in maritime trade internationally for carriage of goods by sea. It is more than a receipt issued by a carrier in capacity as bailee of the goods received by the carrier for their carriage to destination. It is an evidence of a contract of carriage of goods as well as a contract of carriage of goods described in it. In the event of any dispute between the parties to a contract of carriage, i.e. the merchant or shipper (cargo interests) and a ship owner or carrier, the courts make full reliance on the stipulations in the relevant bill of lading. The stipulations in a bill of lading are construed in accordance with the contract made in and evident from the bill of lading. The authors through this article endeavor to highlight the opinions of the courts and the manners in which these stipulations are interpreted and applied in different cases. It also attempts to highlight the importance of a bill of lading in the international trade and business. It is expected that those dealing with the said document in different capacities will appreciate its significance and consequences arising from negligence or unawareness from the relevant laws applicable to the bills of lading. It is believed that this article will help in careful dealing with shipping business in a safe and efficient manner.

Page Numers

47-56

Keywords

Bill of Lading, Carrier, Delivery, Exclusion Clause, Limiting Liability, Shipper, Way Bill

Article

Article # 5
Volume # 2
Issue # 1

DOI info

DOI Number: 10.47205/jdss.2021(2-I)05
DOI Link: http://doi.org/10.47205/jdss.2021(2-I)05

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