ABSTRACT
False statements in the bill of lading can also give rise to a right to sue the carrier under the tort of deceit. This avenue will be useful if the doctrine of estoppel cannot be used to establish a breach of contract by the carrier, as was the case in The Saudi Crown.40 There the bill of lading bore the incorrect date, but there was no breach of contract by the shipowner in that the goods themselves had been carried safely. However, the buyers suffered a loss by losing their right to reject the goods under the sale contract and suffering an economic loss due to a fall in the market for the goods. Had the bill of lading been correctly dated, they would have realised it was a non-contractual tender, being outside the loading dates in the sale contract, and rejected it. They were, however, able to recover their loss by an action in deceit against the shipowner, who was held vicariously liable for the wrongful action of the master in signing the incorrectly dated bill of lading.
