On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(21)
(c). If the holder of B/L is the buyer of the contract on sale:
i). Once the trade terms of symbol delivery such as “FOB, CIP, CFR” are agreed in contract, if the shipper delivers the goods to the carrier at the port of shipment, his obligation of delivery has been performed. Unless the holder of B/L could prove that the shipper has the apparent negligence when selecting the carrier, he cannot claim to the seller. It’s similar to the issue of “ absolute payment” or “relative payment” in L/C.
ii. Once the trade terms of physical delivery are agreed in contract, In theory, if the carrier releases of goods without B/L, the holder of original B/L can claim directly to the seller for delivery according to the contract on sale.
b. If the holder of B/L is the seller of contract:
(a). The holder of B/L can sue the carrier:
The cause of action one: “breach of contract”, Now it is based on the contract of carriage between the carrier and shipper. The effect of obligation of B/L is meaningful only in the score of protecting the current of B/L. The written nature of B/L doesn’t protect the carrier, so the carrier can’t invoke for his own benefits.
总共33页
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] 21
[22] [23] [24] [25] [26] [27] [28] [29] [30] [31] [32] [33] 上一页 下一页