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Part II Bills of Lading and Other Documents of Carriage, 12 Charterparties and their Relationship with Bills of Lading

From: Carriage of Goods by Sea (3rd Edition)

Stephen Girvin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 17 August 2022

Subject(s):
Third parties — Bills of lading and carriage of goods — Carrier's obligations — Charter parties

This chapter highlights the relationship between charterparties and bills of lading. A bill of lading issued by the shipowner to the charterer performs two of the functions of a normal bill of lading, operating as a receipt for the goods shipped and, potentially, as a document of title which, provided it is in the appropriate form, may be endorsed to a third party. The bill of lading is not evidence of the contract of carriage because the relationship between shipowner and charterer is governed by the terms of the charterparty. The same principle applies where bills of lading, initially issued to a third party, are endorsed to the charterer. Potential difficulties of identification arise when the bill of lading does not clarify which charterparty in a string is incorporated. The general rule is that reference to an undated charterparty does not negative an intention to incorporate a charterparty.

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