Debattista on Bills of Lading in Commodities Trade

Preface\nTable of Statutes\nTable of Cases\n1 Documentary Sales on ‘Shipment Terms’\n	Introduction\n	Documentary Sales on Shipment Terms\n	Physical and Documentary Duties of Sellers Under Contracts on Shipment Terms\n	Letter of Credit Described\n	Identifying the Terms of the Contract of Sale\n2 The Buyer Obtains the Right to Delivery of the Goods Through Specific Types of Document\n	A Framework of Questions – and Concepts\n	The Right to Delivery of the Goods Under COGSA 1992\n	Competing Claimants to Delivery\n3 How a Seller Transfers Rights to a Buyer\n	Transferability is not the Same as Negotiability\n	Shipping Documents That are Transferable\n	Shipping Documents That are Negotiable\n4 The Point at Which the Buyer Assumes the Risk of Loss and the Circumstances in Which They can Sue the Carrier\n	The ‘Transfer’ of ‘Risk’ and the Transfer of ‘Property’ are Separate  Concepts\n	Risk in Shipment Sales\n	The Seller has a Duty to Provide the Buyer with Title to Sue the Carrier, Which is Normally Achieved Through COGSA 1992\n	Where COGSA 1992 Does not Operate, the Buyer may Rely on an Implied Contract and/or Negligence\n5 The Time When Property Passes to the Buyer\n	Property and When it is Relevant\n	SOGA 1979 and the Transfer of Property\n	Contractual Terms as to the Transfer of Property\n	Transfer of Property and Bills of Lading\n	Transfer of Property and Letters of Credit\n6 The Bill of Lading is Tendered as a Receipt for the Goods That Have Been Shipped\n	The Role of the Bill of Lading as a Receipt is Relevant to Both the Carriage Contract and the Sale Contract\n	The Role of the Bill of Lading as a Receipt is Relevant to Letters of Credit\n	The Bill’s Function as a Receipt is Conclusive Proof of Certain Matters\n	Buyers’ and Sellers’ Rights to Demand a Clear Receipt From the Carrier\n	The Bill of Lading Must Say Certain Things About the Goods for it to be Good Tender Under Sale Contracts and Letters of Credit\n7 Tender of the Bill of Lading as a Contract of Carriage\n	The Bill of Lading is Evidence of the Terms of the Contract of Carriage\n	Terms of the Carriage Contract Purchased by the Buyer\n	The Seller has a Duty to Procure for the Buyer a Contract of Carriage\n	The Bill of Lading Must Provide Continuous Documentary Cover to the Destination Port Agreed in the Sale Contract\n8 Tender of Bills of Lading Under Charterparties\n	Problems can be Caused by There Being Different Potential Sources of Contractual Terms\n	Under Which Contractual Terms is the Buyer to Sue the Carrier?\n	Whom is the Buyer to Sue for Short-delivery or Damage to Goods? Ie Who is the Contractual Carrier?\n	The Bill of Lading as a Receipt in the Hands of a Charterer\n	Buyer’s Rights Where a Bill of Lading is Issued Under a Charterparty\n9 Rejecting Documents and Goods\n	Seller’s Physical and Documentary Duties as to the Time of Shipment: Conditions of the Contract\n	Documentary Duties in General and Termination for Breach\n	Buyer’s Remedy of Termination: Practical Constraints\n	Buyer’s Remedies of Rejection: Documents and Goods\nAppendix: Statutes\n	Sale of Goods Act 1979\n	Carriage of Goods by Sea Act 1971\n	Carriage of Goods by Sea Act 1992\nIndex