The Bill of Lading Functioning as the Contract of Carriage in English Law

Abstract

This study primarily concerns the bill of lading's two distinct contractual roles which have been traditionally recognized either as the contract of carriage itself or its mere evidence. It describes and analyzes the rules on the bill of lading's contractual roles in English law which may be helpful for business people in maritime practice who often deal with such documents. In addition, it attempts to examine the negotiable nature of the bill of lading in relation to its contractual roles in English law in order to observe their interrelationship and any influences on each other. Furthermore, it provides practical advice to people engaged in maritime business who deal with bills of lading governed by English law. It argues that the bill of lading should be treated as the contract of carriage itself even between the carrier and the shipper and this seems to answer the question of why it should be treated as a fully negotiable instrument which is in turn classified as a formal contract.