query: who is responsible for filling out a bill of lading

pos: Bill of lading this case, the bill of lading can be used if shipper does not properly ship the goods then the shipper cannot receive the bill of lading from the carrier. Eventually, the shipper would have to deliver the bill of lading to the seller. In this case, the bill of lading is used as a contract of carriage between seller and carrier. However, when the bill of lading is negotiated to a bona fide third party then the bill of lading becomes a conclusive evidence where no contradictory evidence can be introduced. It is because the third party cannot examine the

pos: Uniform Bill of Lading Act defective condition of the goods or their packaging, it is "claused" or "fouled." If no defects are noted, it is called a "clean" bill of lading. The Bill of Lading designates that a carrier shall assume all risk of loss, damage, delay and liability in the transportation of any goods for shippers from the time of carrier's receipt of such goods and from a shipper until proper delivery has been made. Carriers are responsible for full actual loss. If the consignee of goods finds the freight damaged or unacceptable the bill of lading also serves as a legal instrument to

pos: Bill of lading lading will not grant full title to the holder. Bills of lading may take various forms, such as on-board and received-for-shipment. A charterparty is the contract governing the relationship between the shipowner and the charterer. The bill of lading governs the relationship between the shipper and the carrier (who will be either a shipowner or a demise charterer). If the exporter (the shipper) is shipping a small amount of cargo, he will arrange for a carrier to carry the goods for him, using a bill of lading. If the exporter needs the whole (or a very substantial part) of the

pos: Bill of lading this case, the bill of lading can be used if shipper does not properly ship the goods then the shipper cannot receive the bill of lading from the carrier. Eventually, the shipper would have to deliver the bill of lading to the seller. In this case, the bill of lading is used as a contract of carriage between seller and carrier. However, when the bill of lading is negotiated to a bona fide third party then the bill of lading becomes a conclusive evidence where no contradictory evidence can be introduced. It is because the third party cannot examine the

pos: Bill of lading lading identifying the nature, quantity, quality and leading marks of the goods. In the case of "Coventry v Gladstone", Lord Justice Blackburn defined a bill of lading as "A writing signed on behalf of the owner of ship in which goods are embarked, acknowledging the receipt of the Goods, and undertaking to deliver them at the end of the voyage, subject to such conditions as may be mentioned in the bill of lading." Therefore, it can be stated that the bill of lading was introduced to provide a receipt to the shipper in the absence of the owners. Although the

pos: Bill of lading under INCOTERMS such as CFR (cost and freight) and FOB (free on board). Although the Hague-Visby Rules provide that a bill of lading is only "prima facie" evidence of receipt, the Carriage of Goods by Sea Act 1992 s.4 declares a BoL "conclusive evidence of receipt". The bill of lading from carrier to shipper can be used as an evidence of the contract of carriage by the fact that carrier has received the goods and upon the receipt the carrier would deliver the goods. In this case, the bill of lading would be used as a contract of carriage. In

pos: Bill of lading actual shipment and can only pay attention to the document itself, not survey or examination of the shipment itself. However, the bill of lading will rarely be the contract itself, since the cargo space will have been booked previously, perhaps by telephone, email or letter. The preliminary contract will be acknowledged by both the shipper and carrier to incorporate the carrier's standard terms of business. If the Hague-Visby Rules apply, then all of the Rules will be automatically annexed to the bill of lading, thus forming a statutory contract. When the bill of lading is used as a document of

pos: Bill of lading presented for the goods to be released. The carrier will automatically release the goods to the consignee once the import formalities have been completed. This results in a much smoother flow of trade, and has allowed shipping lines to move towards electronic data interchange which may greatly ease the flow of global trade. For some time, it has been the case that the cargo may arrive at the destination before the bill of lading; and a practice has arisen for the shipper (having sent the bill of lading to the banks for checking) to send to the consignee a letter

pos: Bill of lading (demise). In a time-charterparty or voyage-charterparty, if the charterer is shipping his own cargo (rather than the cargo of a third party) he will receive a bill of lading from the master, acting as agent of the shipowner; but that B/L will serve solely as a receipt and document of title, and its terms will (subject to contrary intent) be secondary to the terms of the charterparty, which remains the dominant contract. Under Art. III of the Hague-Visby Rules, a carrier must, on demand, provide the shipper with a bill of lading; but if the shipper agrees, a lesser document

pos: Uniform Bill of Lading Act used in the transportation industry between a shipper of a particular good and a carrier detailing the type, quantity and destination of the good being transported. This document must accompany the shipped goods and be signed by an authorized representative from the carrier and the shipper. The bill of lading can serve as a Proof of Delivery when the goods are delivered to the destination and signed for by the consignee. These statements reflect either the shipper's representations to the carrier or the carrier's notations from its own inspection of the goods. If the bill of lading specifically notes the

pos: Carriage of Goods By Sea Act 1992 coinage) will abandon the long-established and familiar term, "bill of lading". The Carriage of Goods by Sea Act 1971 incorporates the Hague-Visby Rules into English Law. These rules require (where the Article X invokes the Rules) that, on demand, the carrier must provide the shipper with a bill of lading that meets the requirements of Article III. Although CoGSA 1992 cannot amend the Hague-Visby Rules, which are an International Convention, s.4 of the 1992 Act (above) upgrades the status of a bill of lading to be conclusive evidence of receipt for shipment. Carriage of Goods By Sea Act 1992 The

pos: Charterparty Act (COGSA), and the UK Carriage of Goods by Sea Act 1971 (which ratifies and incorporates the Hague-Visby Rules) do NOT apply to charterparties, but do apply to bills of lading (and similar documents such as ships delivery orders, or sea waybills). When a bill of lading is issued to a charterer by the shipowner, the question arises as to which is the dominant document. If a shipper returns a bill of lading to a carrier (perhaps as a pledge), the carrier will hold it only as a token of the pledge. In both USA and the UK, the COGSA

pos: Charterparty legislation provide a statement of the minimum duties that a carrier owes to the cargo-owner. If the charterer has shipped cargo, charterparty document may incorporate the COGSA or the Harter Act, since the charter is also a cargo-owner. Such an incorporation is valid and enforceable even without the issuance of a bill of lading. In the reverse case, if a carrier issues a third-party shipper with a bill of lading that incorporates charterparty terms, the shipper/cargo-owner would not be liable for fees such as demurrage, which are payable only by a charter. Lawsuits brought for the breach of an obligation

pos: Bill of lading the exporter/shipper to deliver the goods to the ship, whether onboard or alongside. Nevertheless, the loading itself will usually be done by the carrier himself or by a third party stevedore; (see Scruttons Ltd v Midland Silicones Ltd and NZ Shipping Co Ltd v A M Satterthwaite & Co Ltd - The "Eurymedon"). A bill of lading is a standard-form document that is transferable by endorsement (or by lawful transfer of possession). Most shipments by sea are covered by the Hague Rules, the Hague-Visby Rules or the Hamburg Rules, which require the carrier to issue the shipper a bill of

pos: Affreightment of terms. For each separate consignment or parcel of goods shipped, a bill of lading is almost invariably given. When a whole cargo is carried, the terms are set out in a document called a charter-party, signed by or on behalf of the shipowner on the one part, and the shipper, who is called the charterer, on the other. When there is no written contractual agreement, the rights of the parties depend on the rules of law, or on the warranties or promises that, though not expressed, are implied as part of the relationship between the shipper and carrier. The

pos: Fundamental breach disguise, adding "The main object of this bill of lading is the carriage of oranges from Malaga to Liverpool". He thus established the "main purpose rule", holding that no exclusion clause would be allowed to cut into the main purpose of any contract. Similarly, in "Leduc v Ward" (1888) a vessel bound from Fiume to Dunkirk headed instead towards Glasgow, sinking in a storm in the Clyde estuary. The court held that even though the shipper may have known of the planned deviation, the parol evidence rule meant that the route described in the bill of lading was conclusive, and

pos: Georgia, Florida, & Alabama Railway Co. v. Blish Milling Co. to Bainbridge, Georgia, a carload of flour consigned to its own order, with direction to notify Draper-Garrett Grocery Company at Bainbridge. The bill of lading was issued by the Baltimore & Ohio Southwestern Railroad Company. The shipper's sight draft upon the Draper- Garrett Grocery Company, for $1,109.89, covering the price of the flour, with a carrying charge, was attached to the bill of lading and forwarded to a bank in Bainbridge for collection. The flour was transferred to another car by the Central of Georgia Railway Company, a connecting carrier, and reached Bainbridge on June 2, 1910, over the line

pos: Consignee straight bill of lading by land or sea, or air waybill are not documents of title to the goods they represent. They do no more than require delivery of the goods to the named consignee and (subject to the shipper's ability to redirect the goods) to no other. This differs from an "order" or "bearer" bill of lading which are possessory title documents and negotiable, i.e. they can be endorsed and so transfer the right to take delivery to the last endorsee. This aspect of shipping law is regulated by the Hague Rules, and the laws of individual countries, e.g.

pos: Freight claim for the carrier to reimburse the shipper / consignee so as to put them in the position is if the carriage had been properly had carried out according to the bill of lading. For this reason, claimants are generally expected to file a claim to recover their costs, excluding profits. In very rare cases some profits may be recoverable, but a court will normally consider lost profits as non-recoverable economic loss. In most cases, redress will be paid by the carrier's insurer or P&I Club, and so the law of insurance will determine quantum of damages. Loss is deemed either

pos: Truckload shipping a semi trailer to a shipper who will fill the trailer with freight for one destination. After the trailer is loaded, the driver returns to the shipper to collect the required paperwork (i.e. Bill of lading, Invoice, and Customs paperwork) and depart with the trailer containing freight. In most cases, the driver then proceeds directly to the consignee and delivers the freight him or herself. Occasionally, a driver will transfer the trailer to another driver, who will drive the freight the rest of the way. Full Truckload (FTL) transit times are normally constrained by the driver's availability according to Hours

pos: Bill of lading ship's cargo capacity, the exporter may need to charter the vessel, and he will enter into a charterparty agreement with the shipowner. If the charter party is a time or voyage charterparty, the shipowner will still have control of the ship and its crew. If there is a demise (or "bareboat") charterparty, the charterer will effectively have a long lease and will have full control of the vessel. When the master (captain) issues a B/L to a shipper, he will be acting as an agent for the carrier, who will be either the shipowner (time or voyage) or the charterer

pos: International commercial law the buyer, the buyer may benefit under the contract of carriage with the seller, depending on contract terms between buyer and seller. Under an FOB (‘free on board’) sale contract the bill of lading determines if either the seller or the buyer is named as the shipper. This will ascertain who has contracted as principal to bring action against the carrier. Where loss or damage occurs before risk passes to the buyer, the seller may benefit under the contract of carriage made with the buyer . The party to be sued on a contract of carriage may vary from the

pos: Charterparty responsibility for the ship, in a time charter the shipowner may need to be indemnified against losses or liabilities proximately caused by the charterer. Whereas a charterparty is the contract between a shipowner and a charterer, a contract of carriage lies between the shipper and the carrier. A carrier will issue a shipper with a bill of lading, a receipt for cargo shipped which also serves as evidence of the contract of carriage. (In a demise charter, the charterer is the carrier; in a time or voyage charter the shipowner is the carrier). The US Carriage of Goods by Sea

pos: Grant v Norway be rebutted by evidence to the contrary. The justification for the case was that a carrier should not suffer liability if (as was not uncommon at the time) the ship's master had fraudulently colluded with a dishonest shipper and had issued a bill declaring untruthfully that goods had been loaded. (The master would normally be both an employee and an agent of the carrier, but would (in both roles) be acting in breach of the legal fiduciary duty to his employer/principal). The Hague-Visby Rules continued with this view, with Article III (4) stating: "Such a bill of lading shall be

pos: Consignee other problems are that unpaid consignors or freight carriers may wish to hold goods until payment is made, and fraudulent individuals may seek to take delivery in place of the legitimate consignees. The key to resolving such disputes lies in the documentation. The standard form of contract is a bill of lading which, in international shipping law, is simply a contract for the carriage of goods entered into between the shipper and the carrier that is not a charter party. It is always a term of that contract that the carrier must deliver the goods to a specific receiver. A

pos: Road transport is done on regular routes or for only one consignee per run, while others transport goods from many different loading stations/shippers to various consignees. On some long runs only cargo for one leg of the route (to) is known when the cargo is loaded. Truckers may have to wait at the destination for a backhaul. A bill of lading issued by the shipper provides the basic document for road freight. On cross-border transportation the trucker will present the cargo and documentation provided by the shipper to customs for inspection (for EC see also Schengen Agreement). This also applies to shipments

neg: Freight forwarder physically responsible for the carriage of goods and acts as its own principal. Companies acting strictly as an Ocean Freight Forwarder typically do not issue their own contract of carriage ("bill of lading") and as agent are generally not liable for physical loss or damage to cargo except in cases of errors in judgment or paperwork or fiduciary responsibility. NVOCC s act as ocean freight carrier and issue their own bill of lading and are legally responsible for physical loss or damage in accordance with the terms and conditions of their bill of lading and tariff. Similar to other countries,

neg: Bill of lading transportable goods) as it has in the English "bill of lading", but is not restricted to shipping. Under English law, the Carriage of Goods by Sea Act 1992 provides that the term "bill of lading" includes a "received-for-shipment" bill of lading issued by, say, a freight forwarder or a storage depot/warehouse. A "combined bill of lading" may be issued by a carrier who, say, collects goods from a factory for subsequent delivery to a ship via multi-modal transport. The table below explains how to recognize a valid BOL for most international shipping companies, including the SCAC: Bill of lading A

neg: Bill of lading title, it is particularly related to the case of buyer. When the buyer is entitled to received goods from the carrier, bill of lading in this case performs as document of title for the goods. There are two types of bill of lading that can perform as document of title. They are straight bill of lading and order bill of lading. Straight bill of lading is a bill of lading issued to a named consignee that is not negotiable. In this case, the bill of lading should be directed only to one specific consignee indicated on the bill of lading.

neg: Uniform Bill of Lading Act Uniform Bill of Lading Act The Uniform Bills of Lading Act was adopted in 1909 and passed by the US Uniform Law Commission. The act addressed the judicial and legislative treatment of issues such as the extent of the carrier's liability to the consignee of the goods or to the buyer of the bill of lading based upon the carrier's issuance of the bill. It governed the relationship between persons with interest in the goods, and carriers who transported those goods. It set / described how a carrier could limit its liability. A bill of lading is a legal document

neg: Bill of lading Bill of lading A bill of lading (sometimes abbreviated as B/L or BoL) is a document issued by a carrier (or their agent) to acknowledge receipt of cargo for shipment. Although in England, the term once related only to carriage by sea, a bill of lading may be used for any type of carriage of goods. Bills of lading are one of three crucial documents used in international trade to ensure that exporters receive payment and importers receive the merchandise. The other two documents are a policy of insurance and an invoice. Whereas a bill of lading is negotiable, both

neg: Bill of lading bill an electronic document. An electronic bill of lading (or eB/L) is the legal and functional equivalent of a paper bill of lading. An electronic bill of lading must replicate the core functions of a paper bill of lading, namely its functions as a receipt, as evidence of or containing the contract of carriage and as a document of title. The UK Carriage of Goods Act 1992 s.1(5) enables the trade minister to make regulations for electronic transactions. As yet, no such regulations have been made, as electronic interchange is already lawful. Electronic "clubs" such as BOLERO have been quite

neg: Bill of lading Order bill of lading is the opposite from a straight bill of lading and there is no specific or named consignee. Therefore, an order bill of lading can be negotiated to a third party. Simply, the bill of lading confers "prima facie" title over the goods to the named consignee or lawful holder. Under the ""nemo dat quod non habet"" rule ("no one gives what he doesn't have"), a seller cannot pass better title than he himself has; so if the goods are subject to an encumbrance (such as a mortgage, charge or hypothec), or even stolen, the bill of

neg: Bill of lading as shipping itself, the modern bill of lading only came into use with the growth of international trade in the medieval world. The growth of mercantilism (which produced other financial innovations such as the charterparty (once "carta partita"), the bill of exchange and the insurance policy) produced a requirement for a title document that could be traded in much the same way as the goods themselves. It was this new avenue of trade that produced the bill of lading in much the same form as we know today. Although the term "bill of lading" is well known and well understood,

neg: Affreightment lading. The shippers under the bills of lading, if they are not the charterers, are not liable for the chartered freight, but only for the bill of lading freight. Unless the bill of lading expressly reserves it, they are not subject to a lien for the chartered freight. The master may guard against this difficulty by refusing to sign bills of lading that do not preserve the shipowner's lien for full chartered freight. However a difficulty often arises from an improvident clause in the charter-party that requires him to sign bills of lading as presented. See Kruger v. Moel Tryvan,

neg: Bill of lading of indemnity (LOI) which can be presented to the carrier in exchange for the cargo. The LOI indemnifies the carrier against any cargo claim, but the document is not transferable and has no established legal status. For letter of credit and documentary collection transactions, it is important to retain title to the goods until the transaction is complete. This means that the bill of lading still remains a vital document within international trade. For many years, the industry has sought a solution to the difficulties, costs and inefficiencies associated with paper bills of lading. One answer is to make the

neg: Bill of lading term "bill of lading" is well known and well understood, it may become obsolete. Articles 1:15 & 1:16 of the Rotterdam Rules create the new term "transport document"; but (assuming the Rules come into force) it remains to be seen whether shippers, carriers and "maritime performing parties" (another new Rotterdam Rules coinage) will abandon the long-established and familiar term, "bill of lading". While there is evidence of the existence of receipts for goods loaded aboard merchant vessels stretching back as far as Roman times, and the practice of recording cargo aboard ship in the ship's log is almost as long-lived

neg: Carriage of Goods By Sea Act 1992 "Rights of Suit in respect of Carriage of Goods by Sea". The Report contained a draft bill which Parliament adopted in full without amendment. The statute makes provision for Bills of Lading and other documents of carriage, as follows: A bill of lading serves three main functions: Although the term "bill of lading" is well known and well understood, it may become obsolete. Articles 1:15 & 1:16 of the Rotterdam Rules create the new term "transport document"; but (assuming the Rules come into force) it remains to be seen whether shippers, carriers and "maritime performing parties" (another new Rotterdam Rules

neg: Bill of lading it may become obsolete. Articles 1:15 & 1:16 of the Rotterdam Rules create the new term "transport document"; but (assuming the Rotterdam Rules come into force) it remains to be seen whether shippers, carriers and "maritime performing parties" (another new Rotterdam Rules coinage) will abandon the familiar term "bill of lading". The principal use of the bill of lading is as a receipt issued by the carrier once the goods have been loaded onto the vessel. This receipt can be used as proof of shipment for customs and insurance purposes, and also as commercial proof of completing a contractual obligation,especially

neg: Bill of lading a policy and an invoice are assignable. In international trade outside the United States, bills of lading are distinct from waybills in that the latter are not transferable and do not confer title. Nevertheless, the UK Carriage of Goods by Sea Act 1992 grants "all rights of suit under the contract of carriage" to the lawful holder of a bill of lading, or to the consignee under a sea waybill or a ship's delivery order. A bill of lading must be transferable, and serves three main functions: Typical export transaction use INCOTERMS terms such as CIF, FOB or FAS, requiring

neg: Truck driver installed on a truck and automatically determines its position in real-time and sends it to a remote computer database for visualizing and analysis. An "in cab" communication device AVL unit often allows a driver to communicate with their dispatcher, who is normally responsible for determining and informing the driver of their pick-up and drop-off locations. If the AVL unit is connected to a Mobile data terminal or a computer it also allows the driver to input the information from a bill of lading (BOL) into a simple dot matrix display screen (commonly called a "Qualcomm" for that company's ubiquitous OmniTRACS

neg: Affreightment responsible for the contract the master signed as an employee of the shipowner—though, in fact, in signing the bill of lading the master acted as an agent for and at the direction of the time charterer. In the language of the ordinary time charter-party the ship is let to the charterers—but there is no true demise, because the vessel remains in the possession of the shipowner. Where possession of a ship given to a hirer, who appoints his own master and crew, different considerations apply. However, though the contract by which the ship is let may be called a charter-party,

neg: Security interest of title. Hypothecation is usually seen in relation to bottomry (cf. bills of lading), whereby the bill of lading is endorsed by the secured party, who, unless the security is redeemed, can claim the property by delivery of the bill. Another form of security interest which flourished in the United States in the late 19th century and the first half of the 20th century was the conditional sale, the ancestor of what U.S. lawyers now call the purchase money security interest (PMSI). It was popular in that era among creditors for two reasons. First, most U.S. states had imposed numerous

neg: Bill of lading such as a "sea waybill" may be issued instead. In recent years, the use of bills of lading has declined, and they have tended to be replaced with the sea waybill. (If a so-called bill of lading is declared to be "non-negotiable", then it is not a true B/L, and instead will be treated as a sea waybill.) The main difference between these two documents is that the waybill gives the bearer the right to possession of the cargo, but does not confer title in the goods. As a result, there is no need for the physical document to be

neg: International commercial law between parties to an international sale contract. Also reservations as to the quality and quantity of the goods are marked on the bill when accepting goods so as to stifle any accusations from the consignee of damage in transit. The consignor retains ownership of the goods until the bill of lading is transferred to the consignee. Most bills of lading today are governed by international conventions such as the Hague Rules (International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading); Hague-Visby Rules, which is a revised version of the Hague Rules by a Brussels

neg: Uniform Bill of Lading Act dispute the delivery of goods in accordance to the provisions of Title 49 of the Code of Federal Regulations Section 1005, Section 14706 (the Carmack Amendment), and applicable state law to rectify any losses that happened due to the carrier. Uniform Bill of Lading Act The Uniform Bills of Lading Act was adopted in 1909 and passed by the US Uniform Law Commission. The act addressed the judicial and legislative treatment of issues such as the extent of the carrier's liability to the consignee of the goods or to the buyer of the bill of lading based upon the carrier's

neg: Trucking industry in the United States have fostered increased communication and productivity within the trucking industry. Drivers may input the information from a bill of lading into a simple text-only dot matrix display screen (commonly called a "Qualcomm", for their ubiquitous OmniTRACS system). This allows the driver to communicate with their dispatcher, who is normally responsible for determining and informing the driver of their pick-up and drop-off locations. Drivers are no longer required to find the nearest public phone in order to relay information regarding their load status, it can be done without leaving the truck cab. The driver inputs the information, using a keyboard, into

neg: NZ Shipping Co Ltd v A M Satterthwaite & Co Ltd by the bill of lading) was bilateral, the bill of lading operated as a unilateral contract "" between the shippers and the stevedores; and this unilateral contract was activated by performance (unloading of the drill), and the stevedore was then entitled to rely upon the protections within the bill of lading. Lord Wilberforce stated: He went on to say: NZ Shipping Co Ltd v A M Satterthwaite & Co Ltd New Zealand Shipping Co. Ltd. v. A. M. Satterthwaite & Co. Ltd., or The Eurymedon () is a leading case on contract law by the Judicial Committee of the Privy

neg: Carriage of Goods by Sea Act 1971 bill of lading are deck cargo or live animals. In which case, Article I(c) will be read as if it did not exist. Also, although Article III(4) declares a bill of lading to be a mere "prima facie" evidence of the receipt by the carrier of the goods", section 4 of the Carriage of Goods by Sea Act 1992 upgrades a bill of lading to be ""conclusive" evidence of receipt", thereby annulling the decision in "Grant v Norway " 1851. The Contracts (Rights of Third Parties) Act 1999 does NOT apply to contracts for the carriage of goods by sea.

neg: 10 + 2 approach and ISF compliance is in full effect. If compliance is not met, liquidated damages penalties up to $5,000 may be issued by the local port for each violation. The ISF needs to be submitted at the lowest bill of lading level (i.e., house bill or regular bill) that is transmitted into the Automated Manifest System (AMS). The bill of lading number is the only common “link” between the ISF and the customs manifest data. The following 10 data elements are required from the importer: From the carrier, 2 data elements are required: The above information is required for the

neg: International commercial law bill of lading. The idea is to secure acceptance of the bill of exchange by the buyer; and the buyer is bound to return the bill of lading if he does not honour the bill of exchange. Documentary Credits: the bank, on behalf of buyer, issues a letter of credit undertaking to pay the price of the sale contract on condition that the seller complies with credit terms. Upon presentation of necessary commercial documents verifying shipment of goods, the bank collects payment for goods on behalf of the seller. In the collection process, the buyer pays for goods in exchange

neg: George T. Reynolds ± tons. A bill of lading was subsequently found for 1,540 tons, confirming his estimate. Reynolds was one of several researchers who determined that an atomic bomb would do maximum damage if detonated in the air rather than at ground level. He later served with Project Alberta, the part of the Manhattan Project for operations in the field. He served on Tinian, where the worked with the X-Unit Section, which was responsible for the Fat Man bomb's firing unit. He flew a number of practice missions, but not the bombing of Hiroshima or Nagasaki. After the fighting ended, he was

neg: Grant v Norway Grant v Norway Grant v Norway (1851) is a case on the Law of Carriage of Goods by Sea; but since 1992 it has no longer been good law. This was an action upon the case by the indorsees of a bill of lading, against the owners of a vessel, to recover the amount of advances made by the former upon the bills of lading, the goods never having in fact been shipped. The court held that a statement in a bill of lading that goods have been shipped is of only "prima facie" evidential value, and its terms may

neg: Bill of lading successful, but the maritime trade community is traditional and loath to move away from paper transactions, so progress has been very slow. However, in recent times, it has been proposed that Blockchain technology may be the answer to cover the myriad steps in an export trade transaction, thereby enabling electronic transactions and information transfer that is both speedy and reliable. The word "lading" means "loading", both words being derived from the Old English word "hladan". "Lading" specifically refers to the loading of cargo aboard a ship. The Dutch word "lading" has exactly the same meaning (freight, cargo, an amount of

neg: Georgia, Florida, & Alabama Railway Co. v. Blish Milling Co. plaintiff in error: '1st. That the plaintiff's exclusive remedy was against the initial carrier, the Baltimore & Ohio Southwestern Railroad Company, under the Carmack amendment of 20 of the Hepburn bill [34 Stat. at L. 593, chap. 3591, Comp. Stat. 1913, 8592]. '2d. That, under the stipulation in the bill of lading providing for the filing of claims for loss or damage, the action was barred.' The first contention is met by repeated decisions of this court. The connecting carrier is not relieved from liability by the Carmack amendment, but the bill of lading required to be issued by the

neg: FOB (shipping) longer responsible for shipping cost. Ownership of a cargo is independent from Incoterms. In international trade, ownership of the cargo is defined by the bill of lading or waybill. Under the Incoterms 2010 standard published by the International Chamber of Commerce, FOB is only used in sea freight and stands for "Free On Board". The term is always used in conjunction with a port of loading. Indicating "FOB "port" means that the seller pays for transportation of the goods to the port of shipment, plus loading costs. The buyer pays the cost of marine freight transport, insurance, unloading, and transportation

neg: Securities market OTC transaction counterparts.. Bond, Promissory note, Cheque – a security contains requirement to make full payment to the bearer of cheque, Certificate of deposit, Bill of Lading (a Bill of Lading is a “document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods." ), Stock. A promissory note, referred to as a note payable in accounting, or commonly as just a "note", is a contract where one party (the maker or issuer) makes an unconditional promise in writing to pay a sum of money to the other (the payee),

neg: Customs duties in the United States by a bill of lading or air waybill describing the goods. For purposes of customs duty assessment, they must also be accompanied by an invoice documenting the transaction value. The goods on the bill of lading and invoice are classified and duty is computed by the importer or CBP. The amount of this duty is payable immediately, and must be paid before the goods can be imported. Most assessments of goods are now done by the importer and documentation filed with CBP electronically. After duties have been paid, CBP approves the goods for import. They can then be removed from

neg: Georgia, Florida, & Alabama Railway Co. v. Blish Milling Co. U.S. 34, 38, 60 S. L. ed. —, 36 Sup. Ct. Rep. 230), and the words of the statute are comprehensive enough to embrace responsibility for all losses resulting from any failure to discharge a carrier's duty as to any part of the agreed transportation, which, as defined in the Federal act, includes delivery. It is not to be doubted that if, in the case of an interstate shipment under a through bill of lading, the terminal carrier makes a misdelivery, the initial carrier is liable; and when it inserts in its bill of lading a provision requiring reasonable notice

neg: International commercial law Incoterms periodically to reflect changing practices in international trade. The Incoterms are classified in 4 different classes: The 11 terms can also be classified into two different categories depending on its contents: In the carriage of goods by sea, air or land, goods may be lost, damaged or deteriorated. The bill of lading (transport document used almost exclusively for carriage of goods by sea) is a contract of carriage between the consignor, the carrier and consignee that acts as a receipt of transfer of goods and as a negotiable instrument. The bill of lading also determines rights and liabilities agreed

neg: Grant v Norway prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3 (a), (b) and (c). However, proof to the contrary shall not be admissible when the bill of lading has been transferred to a third party acting in good faith." Although the UK has adopted the Hague-Visby Rules, for the purposes of English Law a bill of lading is now deemed to be conclusive (not merely "prima facie") evidence of receipt as a result of section 4 of the Carriage of Goods by Sea Act 1992. The reason for the change

neg: Advance ship notice goods within the transportation equipment. The ASN enables the sender to describe the contents and configuration of a shipment in various levels of detail and provides an ordered flexibility to convey information. The ASN is noteworthy in that it is a new concept in logistics, enabled by the advance of modern communication methods. Although it provides information similar to the Bill of lading, its function is very different. While the Bill of lading is meant to accompany a load on its path, the goal of the ASN is to provide information to the destination's receiving operations well in advance of

neg: Hague–Visby Rules evidence of the receipt by the carrier of the goods", the Carriage of Goods by Sea Act 1992 section 4 upgrades a bill of lading to be "conclusive evidence of receipt". Under Article X, the Rules apply if ("a) the bill of lading is issued in a contracting State, or (b) the carriage is from a port in a contracting State, or (c) the contract (of carriage) provides that(the) Rules ... are to govern the contract". If the Rules apply, the entire text of Rules is incorporated into the contract of carriage, and any attempt to exclude the Rules is

neg: Affreightment general outline of the ordinary form of a time charter-party, but forms and clauses can vary considerably. Under a time charter-party, the shipowner largely parts with control of his ship. The ship is employed, within certain limits, according to needs of the charterers. However, the shipowner remains in possession of the vessel via his employee, the master. The master remains responsible to the owner for the safety and proper navigation of the ship. This means that the holder of a bill of lading signed by the master without knowledge of the terms of the time charter-party may hold the owner

neg: Grant v Norway is that the Law Commission deemed that, if international confidence were to be maintained, it was crucial that a bill of lading should be relied upon as a conclusive statement of fact. It follows that the main rule "Grant v Norway" has been rendered void by the 1992 Act. Grant v Norway Grant v Norway (1851) is a case on the Law of Carriage of Goods by Sea; but since 1992 it has no longer been good law. This was an action upon the case by the indorsees of a bill of lading, against the owners of a vessel, to

neg: Teeming and lading cheques". By encashing the cheques, less amount is credited to the debtor and rest of the amount is misappropriated. Auditors look during the vouching process as part of the verification of transaction to identify teeming and lading. Teeming and lading Teeming and lading is a bookkeeping fraud also known as short banking, delayed accounting, and lapping. It involves the allocation of one customer's payment to another customer's account to make the books balance, often to hide a shortfall or theft. Teeming & lading is a method by which a person who takes or handles payments uses the money personally for

neg: Taxation in the United States based on relevant units for the particular type of goods (per ton, per kilogram, per square meter, etc.). Some duties are based in part on value and in part on quantity. Where goods subject to different rates of duty are commingled, the entire shipment may be taxed at the highest applicable duty rate. Imported goods are generally accompanied by a bill of lading or air waybill describing the goods. For purposes of customs duty assessment, they must also be accompanied by an invoice documenting the transaction value. The goods on the bill of lading and invoice are classified and duty

neg: Vita Food Products Inc v Unus Shipping Co Ltd the case of shipment from the United States, the "Harter Act" should apply and that, unless otherwise provided, the bill of lading was subject to the terms of the Canadian "Water Carriage of Goods Act, 1910". Finally the bills of lading contained the following clause: "This contract shall be governed by English law." The bills of lading for these lots did not conform to the "Carriage of Goods by Sea Act 1932" (Newfoundland), which required that they contain an express clause paramount that the Hague Rules applied. During the voyage, the ship ran into bad weather and ice off Nova

neg: Teeming and lading Teeming and lading Teeming and lading is a bookkeeping fraud also known as short banking, delayed accounting, and lapping. It involves the allocation of one customer's payment to another customer's account to make the books balance, often to hide a shortfall or theft. Teeming & lading is a method by which a person who takes or handles payments uses the money personally for some days and posts the transaction later. The handler receives cash, and uses it for personal purposes instead of depositing it. A common practice trait in this fraudulent activity is that the amounts received from the subsequent

neg: Affreightment shipowner taking a lien on the cargo for freight, dead freight, and demurrage. The charter-party is subject to exceptions similar to those in bills of lading. Typically, other clauses provide for commissions paid to the brokers on signing the charter-party, the "address" commission paid to the agents for the Vessel at the port of discharge, and other details. Clauses in charter-parties vary, but the above outlines what is typical. Terms of a bill of lading as to the voyage, place of delivery, exceptions, excepted perils, and liability of the shipowner and his lien applies equally to charter-parties. Other terms are

neg: Affreightment expense to bring the cargo to the ship and collect it on delivery. Another clause specifies that the master must sign bills of lading for the cargo, either at the same rate payable under the charter-party, or commonly at any rate of freight (with a stipulation that, if the total bill of lading freight is less than the total freight payable under the charter-party, the charterers pay the difference to the master before the vessel sails). There is usually what is called the cesser clause, by which the charterer's liability under the charter-party ceases on shipment of the cargo, the

neg: Privity of contract on it. In addition, section 48 of the Insurance Contracts Act 1984 (Cth) allows third-party beneficiaries to enforce contracts of insurance. Although damages are the usual remedy for the breach of a contract for the benefit of a third party, if damages are inadequate, specific performance may be granted ("Beswick v. Beswick" [1968] AC 59). The issue of third-party beneficiaries has appeared in cases where a stevedore has claimed it is covered under the exclusion clauses in a bill of lading. In order for this to succeed, three factors must be made out: The last issue was explored in "New

neg: Deviation (law) Deviation (law) The doctrine of deviation is a particular aspect of contracts of carriage of goods by sea. A deviation is a departure from the "agreed route" or the "usual route", and it can amount to a serious a breach of contract. The consequences of unjustified deviation are very grave for the carrier, who is thereby prevented from relying upon any exclusion clause which limits his liability. The "agreed route" is identified from the contract of carriage, as evidenced by the bill of lading. The ports of origin and destination (e.g. "Piraeus to Liverpool"') define the route. The "usual route"

neg: Manifest (transportation) that it is used for goods instead of (or in addition to) persons; the manifest is evidence to the nationality of the goods, the absence of contraband, and that property belonging to belligerents is not laden on board of the vessel. Vessels are under no legal obligation to carry a manifest and, indeed, it is only necessary for neutral vessels in a time of war. A cargo manifest and a bill of lading may carry similar information and the concepts are not always clearly distinguished. In some cases, a single document may serve both purposes. In general, a bill of

neg: Letter of credit pay, regardless of whether the contract between 'A' and 'B' is subject to set-off, or contractual issues. The specified documents are often bill of lading or other "documentary intangibles" which 'A' and 'B' have previously specified in their original contract. The defenses available to the buyer arising out of the sale contract do not concern the bank and in no way affect its liability. Article 4(a) of the UCP600 states this principle clearly. This is confirmed within the market-practice documents stated by Article 5 of UCP600. As is a core tenant of Financial law, market practice comprises a substantial portion

neg: San Bernardino train disaster lading, they had not filled in any weight, under the assumption that the railroad would know that they had filled the 100-ton cars to capacity. The clerk filled in the bill of lading as 60 tons per hopper car, going by a visual comparison of 100 tons of coal. As a result, the train was listed as weighing about 6,151 tons total (2,011 tons from the freight cars themselves, 4,140 tons of cargo), significantly lighter than its actual weight (Warren, 3). At 9:00 PM on May 11, a three-man crew consisting of Frank Holland, an engineer; Everett Crown, a conductor;

neg: Phillip Musica Musica rose, he fell—and this time almost as ignobly as he had three years before. By the time U.S. Hair went public, it was $500,000 in arrears to several banks. Two British banks got suspicious of U.S. Hair's financing and refused to honor some company drafts, sending U.S. Hair stock into a tailspin. To get as much money as possible out of the company before being unmasked, Musica sought a $370,000 loan from Bank of Manhattan (now part of JPMorgan Chase), pledging 216 crates of hair as collateral. However, a bank clerk discovered a bill of lading for Musica's collateral

neg: Steve Tompkins following episodes: Josh Weinstein and Bill Oakley said that, with the exception of George Meyer, Tompkins had contributed more to seasons seven and eight than anyone else on the Simpsons staff. Tompkins wrote the sequence in "Homer's Phobia" where Homer takes Bart to a steel mill that turns out to be a gay dance club. He first pitched that Homer and Bart would encounter longshoremen, but it was too much work to animate the lading of ships, so a steel mill was used instead. Tompkins also wrote a different third act for the episode which was replaced in the final

neg: Import-Export Clause remarked on the applicability of the Import-Export Clause to interstate commerce, remarking that "we suppose the principles laid down in this case, to apply equally to importations from a sister State." In 1860, Chief Justice Taney, who had argued for Maryland in "Brown v. Maryland", wrote the Supreme Court's opinion in "Almy v. California", which found a tax on a bill of lading for gold dust exported from California to New York violated the Import Export Clause. "We think this case cannot be distinguished from that of "Brown v. Maryland"," he wrote, concluding that "the state tax in question is

neg: Printronix in 2015, taking over from Randy Eisenbach who retired from the board after a 6-year tenure. Heid was the CEO of Iomega Corp before taking over the reins at Printronix. Printronix Store Printronix Printronix is an American supplier of line matrix printers.The company offers enterprise grade industrial printing solutions. Printronix is based in Irvine, California, and operates across 14 offices worldwide. Printronix’s printers are primarily used in industrial environments for printing high-volume labels, bar-codes, invoices, manifest and bill of lading documents, delivery sheets, reports, build/broadcast sheets, green bar and bank statements. PrintNet Enterprise Suite (PNE), a web-based application allowing administrators

neg: Filling station attendant 1, 2018. In Brazil, self-service fuel filling is illegal, due to a federal law enacted in 2000. The bill was proposed by Federal Deputy Aldo Rebelo, who claims it saved 300,000 fuel attendant jobs across the country. Filling station attendant A filling station attendant, gas station attendant (Africa and Canada), gas jockey (US), fuel ninja (Japan), or petrol butler (Great Britain) is a worker at a full-service filling station who performs services other than accepting payment. Tasks usually include pumping fuel, cleaning windshields, and checking vehicle oil levels. Prior to the introduction of self-starting vehicle engines, attendants would also start

neg: Factor (agent) Factor (agent) A factor is a type of trader who receives and sells goods on commission (called factorage). A factor is a mercantile fiduciary transacting business in his own name and not disclosing his principal. A factor differs from a commission merchant in that the former takes possession of goods (or documents of title representing goods, e.g. a bill of lading) on consignment, whereas the latter sells goods not in his possession on the basis of samples. Most modern factor business is in the textile field, but factors are also used to a great extent in the shoe, furniture, hardware,

neg: Unconscious cognition unconscious brain filters out a great amount of information and can use this information to influence cognitive decision making processes. Vilayanur S. Ramachandran in his research proved that the unconscious brain not only screens certain data from the conscious brain, rendering visual data inaccurate, but also is responsible for filling in false data in place of missing data in certain circumstances. In his paper on "Perceptual filling in of artificially induced scotomas in human vision" he records the effect of the unconscious brain filling in the blind spots in the human visual field. Subliminal messages also utilize the phenomenon of

neg: Emilio Picariello in his warehouse. In January 1922, the APP recovered 70 barrels of beer from a railway car with a bill of lading in Picariello's name; his claim that the beer had been erroneously sent in response to his order for carbonated water did not convince the judge, who fined him $500. Carlo Sanfidele worked for Picariello as a chauffeur and hotel manager for Picariello. Sanfidele and his wife Florence Lassandro also worked with Picariello in his bootlegging operations. Emilio's son, Steve Picariello, became involved in a police chase on September 21, 1922, during which he was shot in the hand

neg: Affreightment first appeared centuries ago as a bill (account) presented to shippers for all charges incurred by the cargo until properly secured on board. In the age of sail, cargo and ships became lost more often than today. This bill proved that cargo expenses were paid, but became mainly a proof that the cargo was really on board and thus become a negotiable property title. Under this type of carriage, the bill of lading assumes two main tasks, as cargo receipt and property title. In liner shipping it assumes a triple identity: property title, cargo receipt and carriage contract. In tramp

neg: Law of carriage of goods by sea domestic carriage). Law of carriage of goods by sea The law of carriage of goods by sea is a body of law that governs the rights and duties of shippers, carriers and consignees of marine cargo. Primarily concerned with cargo claims, this body of law is an aspect of international commercial law and maritime law. Consignees (or indeed any lawful holder of the bill of lading) who wishes to make a cargo claim because their goods are substandard or have been lost or damaged at sea, typically have four options: A claim having been paid, the assured's rights of claim

neg: Law of carriage of goods by sea Law of carriage of goods by sea The law of carriage of goods by sea is a body of law that governs the rights and duties of shippers, carriers and consignees of marine cargo. Primarily concerned with cargo claims, this body of law is an aspect of international commercial law and maritime law. Consignees (or indeed any lawful holder of the bill of lading) who wishes to make a cargo claim because their goods are substandard or have been lost or damaged at sea, typically have four options: A claim having been paid, the assured's rights of claim will be

neg: Tobias Lear being Washington's right-hand man, doing whatever Washington needed, such as tutoring, filling out expense reports, and writing letters. He performed all his duties well. Lear moved with Washington to New York City in 1789, when Washington became president, and they often dined alone together during his presidency. Lear was responsible for filling out Washington's expense reports as president, which Washington had wisely chosen instead of a $25,000 salary, as they turned out to be much more. In 1793, at the start of Washington's second term, Lear decided to leave Washington and start out on his own (albeit with help from

neg: Standard Carrier Alpha Code list of widely used SCACs: Standard Carrier Alpha Code The Standard Carrier Alpha Code (SCAC) is a privately controlled US code used to identify road transport companies. It is typically two to four letters long. The National Motor Freight Traffic Association developed the SCAC code in the 1960s to help road transport companies computerize data and records. The Standard Carrier Alpha Code, a two-to-four letter identification, is used by the transportation industry to identify freight carriers in computer systems and shipping documents such as Bill of Lading, Freight Bill, Packing List, and Purchase Order. It is also used by the

neg: Standard Carrier Alpha Code Standard Carrier Alpha Code The Standard Carrier Alpha Code (SCAC) is a privately controlled US code used to identify road transport companies. It is typically two to four letters long. The National Motor Freight Traffic Association developed the SCAC code in the 1960s to help road transport companies computerize data and records. The Standard Carrier Alpha Code, a two-to-four letter identification, is used by the transportation industry to identify freight carriers in computer systems and shipping documents such as Bill of Lading, Freight Bill, Packing List, and Purchase Order. It is also used by the American National Standards Institute, Accredited

neg: Micro Bill Systems For some who don't pay, Platte sends letters addressed to "the computer owner" threatening legal action in small claims court. The letters, described by one recipient as a "sham county court notice", include a "pre submission" information form which could mislead the unwary into thinking it comes from "Issuing Court Northampton County Court". It is unclear how Platte derives street addresses from IP addresses for these mailings, as ISPs interviewed deny providing such information. By filling out the information form and returning it, users provide Platte with their full name in addition to their correct mailing address. Similarly, users who

neg: Affreightment The bill of lading sometimes contains a clause as to the shipowner's lien. Without any express provision for it, the shipowner has by common law a lien for freight. If it is desired to give the shipowner a lien for demurrage or other charges, it must be expressly provided for. The lien is the right of the shipowner to retain the goods carried until paid the freight charges, demurrage, or other charge for which a lien has been given. The lien may be waived, and ends with delivery of the goods, or by any dealing with the consignee inconsistent with

neg: Charterparty terms are suitable. Under this clause, the owner of the ship writes clearly that the ship would be seaworthy at the start of the voyage in every respect, in other words, the ship would be appropriate to travel to the country for which it is taken. An ice clause is inserted in a bill of lading or a charterparty when a vessel is bound for a port or ports which may be closed to shipping by ice when the vessel arrives or after the vessel's arrival. A lighterage clause is inserted into charter-parties which show as port of discharge any

neg: Vannevar Bush This bill favored most of the features advocated by Bush, including the controversial administration by an autonomous scientific board. The bill passed the Senate and the House, but was pocket vetoed by Truman on August 6, on the grounds that the administrative officers were not properly responsible to either the president or Congress. The OSRD was abolished without a successor organization on December 31, 1947. Without a National Science Foundation, the military stepped in, with the Office of Naval Research (ONR) filling the gap. The war had accustomed many scientists to working without the budgetary constraints imposed by pre-war universities.

neg: Freight forwarder insurance and freight). This fee is separate from documentation fees charged by carriers and NVOCCs as part of the freight charges on a bill of lading and is separate from other fees for document preparation or for release of cargo. Some companies call this an administration fee, document fee, document transfer fee, but it exists in some form in most destinations and is well known to most shippers. Steamship carriers do not have this fee. In Australia most licensed Customs Clearance Agents (commonly referred to as Customs Brokers) operate under a freight forwarder. Freight forwarders must have a government license.

neg: Filling-in Filling-in In vision, filling-in phenomena are those responsible for the completion of missing information across the physiological blind spot, and across natural and artificial scotomata. There is also evidence for similar mechanisms of completion in normal visual analysis. Classical demonstrations of perceptual filling-in involve filling in at the blind spot in monocular vision, and images stabilized on the retina either by means of special lenses, or under certain conditions of steady fixation. For example, naturally in monocular vision at the physiological blind spot, the percept is not a hole in the visual field, but the content is “filled-in” based on

neg: 211 (number) abbreviated telephone number reserved in Canada and the United States as an easy-to-remember three-digit telephone number meant to provide quick information and referrals to health and human service organizations for both services from charities and from governmental agencies. 211 is also associated with E211, the preservative sodium benzoate 211 is also the California Penal Code section defining robbery. Sometimes it is paired with 187, California PC section for murder. 211 is also an EDI (Electronic Data Interchange) document known as an Electronic Bill of Lading. 211 is also a nickname for Steel Reserve, a malt liquor alcoholic beverage. 211 is

neg: Care2 Care2 Care2 is a social networking website that was founded by Randy Paynter in 1998. The goal of the site is to connect activists from around the world with other individuals, organizations and responsible businesses making an impact. Care2 members create an online identity by filling out a profile with personal information, as in most social networking sites, but Care2 also asks for more information about its members' personal lives and involvement in activism. The social interactions on Care2 revolve around groups that connect people who care about similar political and environmental issues. Members also often participate in internet petitions

neg: New Battlefront Foundation one of the "Dozen Who Make a Difference" by the Connecticut Law Tribune. The New Battlefront Foundation serves as a source for veterans to receive help and for volunteers to help provide the assistance needed. The United States Department of Veterans Affairs provides support to veterans and is overseen by the United States Senate Committee on Veterans' Affairs. Veterans may receive assistance from the NBF in 3 main resource areas, Education, Employment, and Healthcare. The GI Bill and its benefits are explained to veterans as they are given help applying for and preparing for college. Volunteers provide assistance filling out

neg: Taxation as theft be morally required to answer truthfully similar questions asked by the state, e.g., when filling out income tax returns." Lysander Spooner, a 19th-century lawyer and political philosopher, who argued in his essay "" that a supposed social contract cannot be used to justify governmental actions such as taxation, because government will initiate force against anyone who does not wish to enter into such a contract.No open, avowed, or responsible association, or body of men, can say this to him; because there is no such association or body of men in existence. If any one should assert that there is such

neg: Fjälkinge Church stonemason responsible for lading the construction at Färlöv Church. The layout of its ground floor suggest that it may have served as a private chapel for a local lord. The church has been rebuilt and expanded in stages. During the middle of the 13th century, the present vault of the choir was constructed. During the late Middle Ages, church porches were probably constructed both in front of the northern and the southern entrances to the church; only the one in front of the southern entrance is preserved. A northern transept was added in 1763, and a thorough restoration of the