Hague Rules, condition the ratification of the contract with the existence of a bill of lading
or other similar document recognized as title for the carriage of goods by sea (article 1, letter b).
According to article 176 of the Maritime Law, the carrier issues a Bill of Lading
based upon the information provided by the shipper, including the consignee's details.
The changes to the bill of lading
were made without notice to the public, while the shipper was never given an opportunity to comment or protest the changes.
The principle that a separate, domestic bill of lading
must be issued for the Carmack Amendment to apply to the inland portion of an international, multimodal carriage of goods has its roots in Reider v.
A total of forty-three consecutive pages in the bill of lading
include 'Quantity' columns with various numbers of units listed.
Nevertheless, the latest pronouncement in these circuits evidences a four-prong approach; these circuits use the same elements as the Fifth Circuit but remain silent as to whether the cargo needs to be segregated by a bill of lading
from the other cargo.
44) The bill of lading
described the press under the heading "No.
Specifically, Section 14706 states: "When a freight forwarder provides service and uses a motor carrier providing transportation subject to jurisdiction under Subchapter I of Chapter 135 to receive property from a consignor, the motor carrier may execute the bill of lading
or shipping receipt for the freight forwarder with its consent.
The bill of lading
shows that the goods were shipped on deck.
In 1922, the Interstate Commerce Commission (ICC) prescribed a uniform bill of lading
for railroads that has remained largely unchanged for nearly 70 years.
Yet, the fact that a clean bill of lading
was issued and the goods arrived damaged is sufficient reason to shift the burden to the shipowner who then must prove that the damages occurred due to circumstances beyond his control.
The ship-owners are not responsible as they are not the issuers of the bill of lading
which was issued by the charterers and, accordingly, not the carrier under the bill of lading