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The case is not inherently local, and there is a concern for the uniform meaning of maritime contracts. The same liability limitation in a single bill of lading for international intermodal transportation often applies both to sea and to land, as is true of the Hamburg Süd bill.
In this case, the bill of lading can be used if the 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 evidence of contract of carriage between seller and carrier.
Grant v Norway (1851) [1] 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.
Large investments were made in intermodal freight projects. An example was the US$740 million Port of Oakland intermodal rail facility begun in the late 1980s. [2] [3] Since 1984, a mechanism for intermodal shipping known as double-stack rail transport has become increasingly common. Rising to the rate of nearly 70% of the United States ...
A freight claim or cargo claim is a legal demand by a shipper or consignee against a carrier in respect of damage to a shipment, or loss thereof. [1] [2] [3]Typically, the claimant will seek damages (financial compensation for loss), but other remedies include "specific performance", where the cargo-owner seeks delivery of the goods as agreed.
Such forwarders are "carriers" who accept freight for transport and are liable for delivering the freight under their own bill of lading. [27] International ocean freight forwarders arranging for shipments to and from the US must be licensed by the Federal Maritime Commission as ocean transportation intermediaries , who are ocean freight ...
Lickbarrow v Mason ((1788), 2 T. R. 63 and (1794) 5 TR 683) refers to an English legal case in which it was determined that a shipped or endorsed bill of lading is a document of title at common law, i.e. a document which can be owned and therefore the ownership of it could be sold or otherwise transferred to someone else.
The facts of the case were as follows: The plaintiffs were consignees of a cargo of steel coils shipped from Japan to Rotterdam under a bill of lading issued by the defendants, who were shipowners. The bill of lading incorporated the Hague Rules and provided for English law and jurisdiction. The plaintiffs paid for the goods and received an ...