Focusing on the Bill of Lading, this book covers the commercial contracts relating to shipping, addressing the sale, finance and carriage contracts as a single commercial transaction. It also incorporates the developments in legislation, international conventions and contractual rules, including the Carriage of Goods by Sea Act 1992, and others.
This major textbook covers the commercial contracts relating to shipping, addressing the sale, finance and carriage contracts as a single commercial transaction by focusing on the Bill of Lading. It places the study of the Bill of Lading in the commercial context in which it is normally used and shows the practical importance of the relevant rules. Restructured and extensively rewritten, the new edition incorporates significant developments in legislation, international conventions and contractual rules. These include the Carriage of Goods by Sea Act 1992, The Sale of Goods (Amendment) Acts 1994 and 1995, The Hamburg Rules, and the ICC's 1993 Revision of the Uniform Customs and Practice for Documentary Credits. It also includes new chapters on the shipping duties of sellers and buyers, on frustration, and on electronic trading. The text is supported by appendices containing sample trade forms and by relevant statutory materials including a fully updated version of The Sale of Goods Act 1979. Well-organised and original, this title will be of great practical use to all practitioners wishing to take a fresh and new look at the law of shipment sales. The new edition will focus less on the technological advances that may evolve via the internet and more on how real world principles apply to e-commerce and the emerging body of e-commerce case law. The new edition will cover all new regulations and legislation, including relevant EU directives, as well as new case law. New material in the new edition will include developments in online betting, electronic conveyancing and online dispute resolution as well as the changes introduced by the new Companies Act.
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Important changes since the last edition
# The UCP600 and the ensuing change of rules regulating the tender of shipping documents under letters of credit
# The Starsin [2003] 1 Lloyd's Rep 571 on identity of the carrier and the link with letters of credit
# The Rafaela S [2005] Lloyd's Rep 347 on what is a document of title
# Scottish & Newcastle v Ghalanos [2008] UKHL11 on the nature of an fob contract
# The Ythan [2006] 1 Lloyd's Rep 457 on the liability of a receiver of goods towards the carrier
# Incoterms 2000 Rules of practice regarding international sales, revising the 1990 version
# Uniform Customs and Practice for Documentary Credits (UCP600)
Contents
Chapter 1: Documentary sales on shipment terms: an introduction to contracts and duties in international sales.
Part I Documentary control over the goods
Chapter 2: The right to claim delivery of the goods, Chapter 3: The power to transfer the right to claim delivery
Part II Risk, title to sue and property
Chapter 4: Risk of loss and the right to sue the carrier on the contract of carriage, Chapter 5: The transfer of property in the international sale of goods carried by sea
Part III Tender of an acceptable bill of lading
Chapter 6: Tender of the bill of lading as a receipt, Chapter 7: Tender of the bill of lading as a contract of carriage, Chapter 8: Tender of bills of lading under charterparties, Chapter 9: Rejection of documents and goods
Appendix 1 Statues
Sale of Goods Act 1979, Carriage of Goods by Sea Act 1971, Carriage of Goods by Sea Act 1992
Appendix 2 Contracts
GAFTA Contract No 100, FOSFA Contract No 54, Conlinebill 2000, Linewaybill, Combiconbill, Congenbill 2007
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