ABSTRACT
The existence of a bill of lading presupposes the existence of a contract of carriage. Sometimes, the constellation stays as simple as that, and no third parties are or become involved. The contract of carriage is still made between the shipper and the carrier, but there is, right from the very start, the presence of a third party looming in the background. In certain trades, it is customary for the bill of lading to be negotiated several times before ending up in the hands of the party that will present it in the port of destination. The cargo interests however claimed that the engine problems and the subsequent stranding were caused by unseaworthiness of the vessel, and therefore sued the carrier to recover their payment to the salvors. The carrier would be pleased to have an additional debtor under the bill of lading.
