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Debattista on Bills of Lading in Commodities Trade

By: Charles Debattista, Francis Hornyold-Strickland
Media of Debattista on Bills of Lading in Commodities Trade
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Published: 23-04-2021
Format: PDF eBook (?)
Edition: 4th
Extent: 400
ISBN: 9781784510350
Imprint: Bloomsbury Professional
RRP: £265.50
Online price : £238.95
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About Debattista on Bills of Lading in Commodities Trade

Debattista on Bills of Lading in Commodity Trade provides not so much a linear road-map as a GPS system, allowing the reader to locate which aspect of the bill of lading is central to the dispute they are dealing with and evaluating that aspect from the perspective of each of: (1) the contract of sale; (2) carriage contract and (3) letter of credit.

The title examines questions such as:

How can a buyer ensure in their sale contract that the bill of lading the buyer receives from the seller gives them secure title to sue the carrier?

What impact does the choice of a particular Incoterms rule have on whom the carrier can sue under the contract of carriage?

Where there is a claim by a buyer/cargo-claimant for loss, damage or delay to goods, must they factor any gains or benefits made under the sale contract claim/settlement into the quantum claimed in the cargo-claim against the carrier?

What is a 'charterparty bill of lading' - and can it be tendered under a letter of credit?

When and why might a seller need to “switch” bills of lading for its buyer or its bank - and does the seller have a right to demand the switching of bills under the Hague-Visby Rules?

All of these questions – and many others like them – cut across areas of law normally siloed in academic and practitioner texts. The purpose of this title is to make links and draw out connections, with a view to assisting lawyers when a dispute arises – and others drafting different contracts seeking to avoid problems arising in the first place.

The fourth edition of this work, now bearing a new title and benefitting from the arrival of a co-author, has been fully revised to take account of case-law and regulatory developments in the twelve years since the last edition.

Table Of Contents

1 Documentary Sales on 'Shipment Terms'
2 The Buyer Obtains the Right to Delivery of the Goods Through Specific Types of Document
3 How a Seller Transfers Rights to a Buyer
4 The Point at Which the Buyer Assumes the Risk of Loss and the Circumstances in Which They can Sue the Carrier
5 The Time When Property Passes to the Buyer
6 The Bill of Lading is Tendered as a Receipt for the Goods That Have Been Shipped
7 Tender of the Bill of Lading as a Contract of Carriage
8 Tender of Bills of Lading Under Charterparties
9 Rejecting Documents and Goods
Appendix: Statutes
Sale of Goods Act 1979
Carriage of Goods by Sea Act 1971
Carriage of Goods by Sea Act 1992

Reviews

“concise, well-argued answers...extremely useful addition to the armoury of practitioner and academic alike...” –  Cambridge Law Journal

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