Chapter 19 Further Reading

Chapter 19 Further Reading

Introduction to international sales and documentation
  • Robert Bradgate and Fidelma White , ‘ The Carriage of Goods by Sea Act 1992 ’ (1993) 56 MLR 188.
Reviews the Carriage of Goods by Sea Act 1992 against the background of the ‘old law’ and the Law Commission Report that led to the legislation. In the surprisingly few cases which have involved detailed investigation of the Act, it seems clear that both the Law Commission report and the defects in the old law are being used to guide an interpretation of the Act, and this article is a good entry point into both.
  • WP Bennett , The History and Present Position of the Bill of Lading as a Document of Title to Goods (Cambridge University Press, 1914).
Although a book, this is really a long article and is available again as a reprint.
A fascinating survey and analysis of the bill of lading as symbolic of the goods it describes and, apart from being interesting in itself, is a perfect means of understanding the strange way in which a bill of lading is a document of title.
  • Diana Faber , ‘ Electronic Bills of Lading ’ [1996] LMCLQ 232.

A good introduction to the problems and the attempts to overcome them in relation to the creation of electronic substitutes for bills of lading, which have not been covered in this chapter. It outlines both the problems and proposes solutions.

  • Andrew Higgs and Gordon Humphreys , ‘ Waybills: A Case of Common Law Laissez Faire in European Commerce ’ [1992] JBL 453.
Reviews the use of waybills in the context of the Carriage of Goods by Sea Act 1992, whether all of the problems have been overcome, and the alternative approach taken in French law.
  • Paul Todd , ‘ Casenote on The Sormovskiy 3068 ’ (1994) 8 OGLTR D91.

A short casenote on Sucre Export SA v Northern River Shipping Ltd (The Sormovskiy) canvassing the idea that there are some circumstances where the carrier has to deliver without production of a bill of lading, for example when it/they have been lost. Perhaps a good place to start before reading Wilson’s much longer casenote on the same case.

  • Paul Todd , ‘ Non-genuine Shipping Documents and Nullities ’ [2008] LMCLQ 547.

When is a bill of lading a nullity? There is a surprising lack of material on this and Todd draws parallels with the law on nullity in relation to letters of credit and bills of exchange and provides suggestions when a bill of lading might be rejected because it is a nullity.

  • John Wilson , ‘ The Presentation Rule Revisited ’ [1995] LMCLQ 289.

Although involving consideration of charterparty bills of lading, which have not been
covered in this chapter, this is an extended case note on The Houda 128 and Sucre
Export SA v Northern River Shipping Ltd (The Sormovskiy 3068), 129 considering the problems for carriers in delivering goods in the absence of bills of exchange.

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