Bill of Lading vs Charter Party and Sea Waybill

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Questions and Answers

What is the primary function of a bill of lading?

A receipt for the goods shipped, evidence of a contract of carriage, and a document of title. (correct)

A contract of carriage between the shipper and carrier.

A negotiable instrument entitling the holder to possession of the goods only.

A document of title, a receipt of the goods and their condition, and evidence of a contract of carriage.

What is the key difference between a bill of lading and a sea waybill?

A bill of lading is a negotiable instrument, while a sea waybill is not. (correct)

A bill of lading is a receipt for goods, while a sea waybill is evidence of a contract of carriage.

A bill of lading is used for domestic shipments, while a sea waybill is used for international shipments.

A bill of lading is issued by the carrier, while a sea waybill is issued by the shipper.

When does the ship's responsibility begin?

When the goods are loaded onto the ship. (correct)

When the goods are delivered to the port.

When the bill of lading is signed.

When the mate's receipt is issued.

Who issues the bill of lading?

The time charterer or demise charterer or a sub-charterer thereof. Signup and view all the answers

What is the purpose of a mate's receipt?

To issue the bill of lading. Signup and view all the answers

What type of bill of lading is negotiable?

Bill of lading 'to order'. Signup and view all the answers

What is the purpose of a bill of lading as a document of title?

To entitle the holder to constructive possession of the goods. Signup and view all the answers

What is the status of a sea waybill under the Hague-Visby Rules?

It is subject to the Hague-Visby Rules. Signup and view all the answers

What does a bill of lading contain evidence of?

Quantity, quality, and condition Signup and view all the answers

What does 'apparent good order and condition' refer to on a bill of lading?

External observation of the condition and number of containers or packages Signup and view all the answers

What does a 'Shipped on board' bill of lading signify?

The goods are on board the ship Signup and view all the answers

What is the significance of a 'Clean' bill of lading?

It is prima facie proof as to condition against the shipper Signup and view all the answers

What is the effect of 'STC' or 'Shippers load stow and count' on a bill of lading?

It negates any representation of apparent good order and condition Signup and view all the answers

What is the effect of a 'Clean' bill of lading when transferred to a third party in good faith?

It is conclusive proof as to condition Signup and view all the answers

Who bears the onus of condition reporting in a bill of lading?

The carrier Signup and view all the answers

What is the effect of a 'Claused' bill of lading?

It reflects an accurate statement of apparent order and condition Signup and view all the answers

Study Notes

Bill of Lading vs Charterparty

A charterparty is a contract of carriage, whereas a bill of lading is a document of title, receipt of goods and condition, and evidence of a contract of carriage.

Bill of Lading vs Sea Waybill

A sea waybill is not a document of title and not negotiable, but acts as a receipt and evidence of a contract of carriage.
A sea waybill does not require presentation to the master to obtain possession of the goods.
A sea waybill can be reproduced.
A sea waybill is subject to the Hague-Visby Rules.
A bill of lading 'to order' is negotiable and requires presentation to obtain possession of the goods.
A straight bill of lading is not negotiable, but required to obtain possession.

Three Functions of a Bill of Lading

Acts as a receipt for the goods shipped.
Acts as evidence of the contract of carriage between shipper and carrier (not the contract itself).
Acts as a document entitling the holder to possession of the goods (constructive possession).

Bill of Lading as a Receipt

Issued by the carrier (ship owner, time charterer, demise charterer, or sub-charterer).
Records the condition of the goods.
Clean Bill of Lading: shipped on board, received for shipment, quantity, quality, condition, and "apparent good order and condition".
Claused Bill of Lading: may be issued when there is a disagreement between shipper and carrier as to the condition of goods.
"Shippers load stow and count" (SLSC) means the carrier is not liable for the condition of the goods.

Bill of Lading as Evidence and Document of Title

A clean bill of lading is prima facie proof as to condition against the shipper.
A clean bill of lading is conclusive proof when transferred to a third party in good faith (consignee or indorsee).
The carrier may be estopped from denying the condition represented in a clean bill of lading.

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Description

Understand the differences between bill of lading, charter party, and sea waybill in maritime law. Learn about their roles in contracts of carriage and possession of goods.