Debattista on Bills of Lading in Commodities Trade
Bloomsbury Professional (Verlag)
978-1-78043-842-9 (ISBN)
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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.
This title is included in Bloomsbury Professional's Maritime and Shipping Law online service.
Charles Debattista, formerly Professor of Commercial Law at the University of Southampton (until 2011), is a barrister at Stone Chambers. Charles specialises in all areas of dry shipping law and related aspects of international trade, including: Charterparties, Bills of Lading, International Sale of commodities and goods, Letters of Credit, Bank Guarantees, Cargo Insurance, Ship management contracts, Ship sales. Francis Hornyold-Strickland is a barrister at 36 Stone.
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
| Erscheinungsdatum | 08.02.2017 |
|---|---|
| Verlagsort | London |
| Sprache | englisch |
| Maße | 156 x 248 mm |
| Gewicht | 792 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Transportrecht | |
| Recht / Steuern ► Wirtschaftsrecht ► Handelsrecht | |
| Technik | |
| Wirtschaft | |
| ISBN-10 | 1-78043-842-7 / 1780438427 |
| ISBN-13 | 978-1-78043-842-9 / 9781780438429 |
| Zustand | Neuware |
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