Talk:Bill of lading
From Wikipedia, the free encyclopedia
Contents |
[edit] Scope of article
This is a highly complex area of law and I did not consider it necessary to give over-long explanations of difficult concepts. If a user is sufficiently interested, specialised sources can be consulted. Unless, you all think this should be expanded. -David91 11:11, 10 Jun 2005 (UTC)
<Kat 06:15, 9 December 2005 (UTC)>: I don't think it is too long, but I find some sections wordy and too heavy on the "law-speak". For example, the first point under "Short statement of principles" makes me say "huh?" and re-read it a couple times. Also, if this section needs significantly more concepts described it should have separate linked pages, or maybe even an entry in Wikibooks?
[edit] Definition
A contract for transportation between a shipper and a carrier. It also evidences receipt of the cargo by the carrier. A bill of lading shows ownership of the cargo and, if made negotiable, can be bought, sold or traded while the goods are in-transit. Admclain 19:41, 29 November 2005 (UTC)
from USDOT: http://www.marad.dot.gov/publications/glossary/O.html see also: http://www.foreign-trade.com/reference/terms_b.cfm
- The two definitions you have cited are as good as any one sentence definitions can be. Are you suggesting that the longer explanations offered in the article should be reduced to these two sentences? The problem with this topic is that it is complicated. I have debated whether to substantially expand it so that all the bases are covered but I decided that it would be too technical. Please clarify the purpose of your citations. David91 02:49, 30 November 2005 (UTC)
[edit] Appropriate requested changes?
1) I would like to see concrete, practical, situational examples of each of the different bill of ladings (straight bill of lading/non-negotiable bill of lading, order bill of lading/negotiable bill of lading, bearer bill of lading).
For example: company A is a shipping company, B is a grocery store. Company A wants to ship goods to Company B, but doesn't want B's employees to be able to sign for the goods. In this case Company A uses a <type> bill of lading.
2) Also the reason I looked up this article is I wanted to know what "lading" meant and what the origins of the word were. I didn't get an answer regarding that. Arguably, this might be a service meant for dictionaries, not encyclopedias.
--Kat 05:58, 9 December 2005 (UTC)
I have added a little more material but the information you ask for is tricky to supply other than by way of large numbers of specific examples. Thus, if A is a shipping company in the usual sense of the word, this must be a through bill because land transport will be required to move the goods from the port to the store. Adding specific terms as to delivery is a standard contract issue and has nothing to do with the bill as such. Thus, A could specify delivery to X only. In default, delivery can be made to any employee as having ostensible authority to take delivery by virtue of their employment (see agency). etc. David91 08:42, 9 December 2005 (UTC)
Something on Electronic Bill of Lading?—The preceding unsigned comment was added by Tracerbullet (talk • contribs) .
[edit] A few suggestions how the article could be improved
I suggest that the introduction should clarify more specifically that the bill of lading is something very typical to sea transportation; it is non-existing in other types of transportation. I would also like to see that the article clarifies that the bill of lading represents the goods and can therefore be sold as if actually having the possession of the goods. Perhaps something should also be added about the carriers document liability, i.e. that the carrier is responsible for the information in the bill of lading and that a third party consignee can trust the information in the bill of lading as if actually looking at the goods.
Furthermore I think it should be added that the carrier can only release the goods to the consignee against the return of the bill of lading, unlike the sea waybill where the consignee only needs to prove that he is the person mentioned in the sea waybill. It could also be stressed that the bill of lading and the sea waybill are two different things with different legal consequences.
The article could also contain something about the diminishing importance of the bill of lading in linertraffic even though it contains its importance in the shipping of goods that are often sold during transit, e.g. oil. Perhaps the article should also contain some references to the Hague – Visby rules and the Hamburg convention (even though the latter has not ever entered into force)? —The preceding unsigned comment was added by Marksjob (talk • contribs).11 November 2006
