History and Present Position of the Bill of Lading as a Document of Title to Goods

P. Bennett W.

Description

Whilst the greatest effort has been made to ensure the quality of this text, due to the historical nature of this content, in some rare cases there may be minor issues with legibility. The original parties to the bill are three in number: the shipper or consignor, who presents the goods for transportation the consignee or he to whom, or to whose order, the goods are to be delivered and the carrier or he to whom the goods are entrusted for transportation and delivery.

Sujets

• Droit et juridique

Informations

• Publié par: Forgotten Books
• Date de parution: 27 novembre 2019
• Nombre de lectures: 0
• EAN13: 9780243715992
• Langue: English
• Poids de l'ouvrage: 2 Mo

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of Lading has three s s is a receiptI t in law for oo d s sh pped it is ev dence of the contract of carriage and it is a D cument of itle to oo d d s s o partie s to the theare three in number or con s ignor who pre s ent s the oo d for transportation s s the consig ee or he to o or to whose order the oo d are s to be d d ooand the carrier or he to whom the d s are entrusted for transportation and del very It cult to treat of any aspect of a s bj ect ithout incident a lly from time to time bringing it into more prominent rel ef against the backgro nd of the whole and the w iter wh le s de all topics not really germane to the s bj ecttriv ng to excl of the Essay has not hesitated to d scu s all matters which co d be deemed in any way relevant to it on whi ch the w ter has d a wn are a s follows

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r The origin a nd early history of the Bill of L a d ng is not treat d of by a although Bny author ass et throw s out a few hint s and the writer claims origin a lity for theory as to the development of the Bill of Lad ng rom the me aeval s p s book or regi s in fter and a cal portio ct for all the histori of the E ss ay in so far as it on s i s t s erenceof i a ion rom thend deduc m a terial coll cted The writer makes no claim to have s original manutud ed s cript s h as throughout availed m elf of matter alre dy publ shed everal vi s it s e conv nced him of therd O the ec futility of s e a rching for i s olated specimens of Bill s of La ng w ch he h a in such recordm ght be buried d thought s tho s e

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of the u s tom s of cer s in fact It is pr a ctically certain that the earlie s t extant s pecimens of Bills of Lading are those to be fo nd in publications of the elden ociety and which are discussed in this E ssay The Engli sh law of Bills of Lading is to be found for the mo s t part in decided ca s e s and amongst these the works of other s h a ve s erved as a guide The maj ority of the bodi e s edof foreign law have been co and the writer ha s found the invaluable For French and American law the writer has dra n largely on the works of Basset and orter

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ohn Davi s writing early in the century says in his pamphlet on Impositions hat until he nderstood the difference betwixt the erchant and the om on of England he not a ittle marvel that England hav ng so ports and so m ch good s ipping hat sho ld be the ca se that in the Books of the ommon Law of England there are to be fo nd so few cases concerning merchants or ships now reason thereof was apparent for that the ommon Law of the la d did leave those cases to be r led by another law namely Law erchant ch is a branch of the Law of Nations hus the Lord hancellor in E d IV speaki g in the case of a foreign merchant says that the ing has j uris diction over foreign merchants accord ng to the Law erchant which is the Law Unive sal of the orld In the iddle Ages the Law ercha t a body of c stoms kno n to the merchants and sea faring men who sed them adm stered all over E rope in special o rts in which the custom of merc a it is termed in theLaw ary e as nts or of Ipswich was declared by j ries of merchants havi g a speci know edge thereof The ercantile Law of England it b een said was ori inally the Law erchant the same in all commercial co n tries and the agreement of all foreign countries in a rule of the Law erchant wo ld then have been evidence of its being part of the Law of England or rather a code which the Engli sh ourts wo ld enforce Thus in the introductio to his says