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Bills of Lading Discussion

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Question 1
i. Discuss the types of a bill of lading under the carriage of goods by sea.
a. Stale Bill of Lading
In the banking practice, the term "stale bill of lading" is used. A bank which,
upon request by the seller, is ordered, by or on behalf of a purchaser to provide the
finance under a letter of credit, by a bill of lading (and other documents), may feel
obligated to refuse the bill as "stale" in order to safeguard the interest of its principal.
Therefore, the bill is sent so late that the consignor may become embroiled in legal
and logistical difficulties, whether compliant in all ways with the credit conditions, or
incur extra expenses, for example in relation to warehousing of products, as a
consequence of the delay in its delivery. The Standard Documentation Customs and
Exercises Credit notes that travel documents must be submitted within a set period of
time following the issuance and that, if no date is specified, banks may refuse
documents when submitted to them no later than 21 days after issuing the ladmg bill
or other transportation paper.
b. Multimodal / Combined Transport Bill of Lading
The movement of goods by sea alone is no longer necessary for current foreign
trade and retail sales. Containers, in fact, made it possible for different modes of
transport to bear the same package. Product transactions and goods distribution are
usually commonly carried out "door-to - door." Combined transport is used in which
goods are transported in succession, for example on the road , rail, inland waterway,
sea and air, by two mode of transportation. The Hague Laws, the Hague-Visby Laws
and even the Hamburg Rules usually control freight loads and cover only port-to-port
transport, other regulations and other carriers' responsibility regimes cover inland
shipping processes or phases.
However, now, the development of "intermodality" or "multimodalism," as it
might be called, may include the situation where the seller entrusts his merchandise to
a Garner who undertakes to transport the goods or arrange them to their destination

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and who has a certain liability regime. The shipper may get a shipping certificate,
which he may then bring to the bank for payment. Such a paper is of high quality but
must be accepted internationally. The 'Convention on Universal Multimodal Goods
Transportation' of the United Nations of 1980 has yet to occur in 1992.
Combined transport is not a novel phenomenon, though. For example, "UCP
1974" stated that if the credit calls for a combined transport document that provides
for the combined shipments of at least two different modes of transport banks, the
document accepts such documents as those being submitted." "Customs and practice
for documentary credits, 1974. However, a combined transport paper by a bank was
inappropriate where the loan wanted a 'shipped bill of lading.'
ii. “As in the case of a voyage of charter-party, it is implied in all bills of
lading that no deviation will be made from contractual route, unless
such deviation is justified.”
(Payne & Ivamy’s Carriage of Goods by Sea, p.117)
1. During situations of risk to life, human life should be rescued or a vessel
interacted during distress. 'Deviation for the protection of life is covered and does
not entail a defection of compensation or responsibility to the purchaser of the
products in spite of damages otherwise exempt from the “perils of the seas”.To order
to connect with a ship to distress, a divergence is appropriate as a reasonable
consequence of this, because the condition of the boat in distress may present a
danger to life. At the other hand, a violation is not protected for the sole reason of
preserving land, but includes all the usual repercussions.
In the case, Scaramanga v Stamp (1880) 5 CPD 295,CA. The Olympias is
chartered from Cronstadt to Gibraltar with a load of wheat. She saw Arion whose
engine had broken for nine days outside. It was good weather and the sea calm, and
the crew should not have been hard to take off. Instead the Olympic trainer decided to
tow the Arion for £ 1,000 into Texel. After taking the Arion in tow, the Olympics ran
to the Texel on their way through the Terschelling Sands and were lost. The plaintif
claimed his goods' interest arguing that the product was not lost by sea threats, but

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Question 1 i. Discuss the types of a bill of lading under the carriage of goods by sea. a. Stale Bill of Lading In the banking practice, the term "stale bill of lading" is used. A bank which, upon request by the seller, is ordered, by or on behalf of a purchaser to provide the finance under a letter of credit, by a bill of lading (and other documents), may feel obligated to refuse the bill as "stale" in order to safeguard the interest of its principal. Therefore, the bill is sent so late that the consignor may become embroiled in legal and logistical difficulties, whether compliant in all ways with the credit conditions, or incur extra expenses, for example in relation to warehousing of products, as a consequence of the delay in its delivery. The Standard Documentation Customs and Exercises Credit notes that travel documents must be submitted within a set period of time following the ...
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