ABSTRACT

Introduction The bill of lading, as indicated in Chapter 7, plays an important role in most international sale transactions. Among others, the bill of lading is a contract of carriage between the carrier and the consignee 1 or endorsee. Terms contained in the bill of lading play a central part in determining the rights and liabilities of the parties to the contract. Most bills of lading issued today are subject to international conventions – the Hague Rules, the Hague-Visby Rules and the Hamburg Rules 2 – which impose on the carrier minimum responsibilities and liabilities that cannot be lessened with suitable clauses in the contract. The current legal regime relating to bills of lading, however, is a consequence of developments that started approximately 200 years ago.