Debattista: Bills of Lading in Export Trade
(Previously titled The Sale of Goods Carried by Sea) By Professor Charles Debattista
"concise, well-argued answers...extremely useful addition to the armoury of practitioner and academic alike..." Cambridge Law Journal
The new third edition of Professor Charles Debattista's well-respected book takes a unique look at the sale of goods carried by sea under bills of lading
It looks at the document as an instrument of international trade, concentrating on the different things that sellers, buyers and banks want out of bills of lading. It also looks at the practical and legal problems which arise when the sale, carriage and letter of credit contracts do not agree on what the bill of lading should look like
Fundamental developments covered
Since the last edition several cases have come to the English courts re-examining fundamental practical problems with bills of lading:
Must a straight bill of lading be presented for delivery of goods>When can a carrier clause a billDoes the letter of credit help in identifying the carrier under a bill of lading?
These questions lie at the centre of the sometimes difficult connections between the contracts of sale, carriage and letter of creditNo shipping or international trade practitioner should be without a copy of this book
Important changes since the last edition
The UCP600 and the ensuing change of rules regulating the tender of shipping documents under letters of creditThe Starsin [2003] 1 Lloyd's Rep 571 on identity of the carrier and the link with letters of creditThe Rafaela S [2005] Lloyd's Rep 347 on what is a document of titleScottish & Newcastle v Ghalanos [2008] UKHL11 on the nature of an fob contractThe Ythan [2006] 1 Lloyd's Rep 457 on the liability of a receiver of goods towards the carrierIncoterms 2000 Rules of practice regarding international sales, revising the 1990 versionUniform Customs and Practice for Documentary Credits (UCP600)
Bibliographic Detail
ISBN 13 Digit: 9781845923150 / 978 1 84592 315 0
Publication Date: Oct 2008
Format: Hardback
Availability: In Print
List price: £265.00
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