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  • As A Contract of Evidence

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    Kshitij kkothari
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    A bill of lading serves as evidence of the contract of carriage between a shipper and carrier, though the actual contract is often concluded orally before the bill of lading is issued. The terms listed on the bill of lading may vary from or add to the terms originally agreed upon. According to a 1879 court case, a bill of lading provides evidence of a carriage contract but is not the contract itself, and a shipper should expect the usual contract terms if not informed that the bill of lading contains different clauses.

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    A bill of lading serves as evidence of the contract of carriage between a shipper and carrier, though the actual contract is often concluded orally before the bill of lading is issued. The terms listed on the bill of lading may vary from or add to the terms originally agreed upon. According to a 1879 court case, a bill of lading provides evidence of a carriage contract but is not the contract itself, and a shipper should expect the usual contract terms if not informed that the bill of lading contains different clauses.

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    © All Rights Reserved
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    8 views1 page

    As A Contract of Evidence

    Uploaded by

    Kshitij kkothari
    A bill of lading serves as evidence of the contract of carriage between a shipper and carrier, though the actual contract is often concluded orally before the bill of lading is issued. The terms listed on the bill of lading may vary from or add to the terms originally agreed upon. According to a 1879 court case, a bill of lading provides evidence of a carriage contract but is not the contract itself, and a shipper should expect the usual contract terms if not informed that the bill of lading contains different clauses.

    Copyright:

    © All Rights Reserved
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    Bill of lading as evidence of contract of carriage

    In the hands of the shipper a bill of lading serves as evidence of the contract of carriage though
    it contains the terms of carriage. The contract with the shipper is likely to have been concluded
    orally long before the issue of the bill of lading. The document may vary some of the agreed
    terms or contains terms that have not been agreed to by the parties.
    In the case of Crooks v/s Allan (1879) according to Lush J, a bill of lading is not a contract, only
    evidence of the contract. If a shipper of goods is not aware when he ships them or is not informed
    in the course of the shipment, that the bill of lading which will be tendered to him which will
    contain such a clause, he has a right to suppose that his goods are received on the usual terms.

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