国际商法billoflading学习.pptxVIP

1. definition;2. classification of bill of lading;2. classification of bill of lading;2. classification of bill of lading;Notes;2. classification of bill of lading;2. classification of bill of lading;2. classification of bill of lading;2. classification of bill of lading;2. classification of bill of lading;2. classification of bill of lading;2. classification of bill of lading;2. classification of bill of lading;3 Function of Bill of Lading;3 Function of Bill of Lading;notes;notes;3 Function of Bill of Lading;3 Function of Bill of Lading;3 Function of Bill of Lading;The Ardennes King’s Bench [1951] 1 KB 55. Facts: A seller contracted for oranges to be sent from Spain to England. Before the contract of carriage was concluded the ship owner promised the shipper orally that they would arrive in London by 30th November 1947, but they did not actually arrive until December 5th . The arrival date was important to the shipper not merely because the orange might deteriorate, but also because import duty was imposed from December 1st. However, the bill of lading also had a printed liberty clause allowing the carrier to stop on the way. The carrier did stop on the way and thus did not get to London until 5th December. The seller sued the carrier for deviating from the route and the carrier relied on the written liberty clause.;3 Function of Bill of Lading;Reasoning: Bill of lading is only evidence of contract of carriage, it is not the contract itself contract of carriage came into existence before bill of lading is signed bill of lading is prepared, issued and signed by one party (standard form) it is possible that the bill of lading contains different terms that the shipper is not content, and does not contain some terms for which he has stipulated. in this case, the bill of lading contains the written liberty clause (different term) oral agreement should be incorporated in the contract of carriage (arrival time: 30th November 1947) the carrier arrived in London on 5t