ABSTRACT

This chapter considers the nature of a bill of lading, the evidentiary effect of statements made on a bill of lading, and the rights and liabilities of the holder of a bill under both the Bills of Lading Act 1855 and the Carriage of Goods by Sea Act 1992. It focuses on the problems created by the Bills of Lading Act 1855 since it provides the necessary backdrop to assess and appreciate the changes instituted by the Carriage of Goods by Sea Act 1992. The chapter addresses electronic bills of lading, the Comite Maritime International Rules on Electronic Bills of Lading and the Bills of Lading in Europe Rules. It describes the many different functions of a bill of lading, ranging from a mere receipt to a contract of carriage and a document of title in international commerce. The category of parties with rights to sue on the bill of lading are restricted to avoid multiplicity of actions.