Law:

Section:

(a) Carriage of Goods by Sea Act (XXVI of 1925)--- ----Sched.---Bill of Lading---Scope---Under modern conditions, bill of lading is usually signed by loading broker but sometimes by master, acknowledging quantity and condition of goods when put on board---Precise effect of such acknowledgment is most important in view of rule of law that ship must deliver 'what she received as she received it, unless relieved by expected perils'---For many purposes possession of bill of lading is equivalent in law to possession of goods---Bill of lading enables holder to obtain delivery of goods at port of destination and during transition it enables him to deliver goods by merely transferring bill of lading---Bill of lading contains (i) consigners and consignee's name, (ii) names of ports of departure and destination, (iii) name of vessel, (iv) dates of departure and arrival, (v) itemized list of goods being transported with number of packages and kind of packaging, (vi) marks and numbers on packages, (vii) weight and/or volume of cargo, (viii) freight rate and amount---Bill of lading serves as proof of ownership (title) of cargo and may be issued either in negotiable or non-negotiable form; in negotiable form it is commonly used in letter of credit transactions and may be bought, sold, traded or used as security for borrowing money---Bill of lading is required in all claims for compensation for any damage, delay or loss; and for resolution of disputes regarding ownership of cargo---Rights, responsibilities and liabilities of carrier and shipper under a bill of lading are governed generally either by older Hague Rules or by more recent Hague-Visby Rules---Bills of lading are one of three crucial documents used in international trade to ensure exporters receive payment and importers receive merchandise---Bill of lading is a writing signed on behalf of owner of ship in which goods are embarked, acknowledging receipt of goods and undertaking to deliver them at end of voyage, subject to such conditions as may be mentioned in bill of lading. Bramwell in Sewell v. Burdick (1884), 10 App. Cas. at p.105; The Ardennes (Owner of Cargo) v. The Ardennes (Owners), [1950] 2 All ER 517;…

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