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How can a bill of lading provide evidence of a contract of carriage?
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Carriage of goods
Justinian I, detail of a 6th-century mosaic at the Church of San Vitale, Ravenna, Italy.
In the context of the law regarding the carriage of goods, a bill of lading serves as a critical document that functions either as the contract of carriage itself or as evidence of that contract.1
The way a bill of lading provides evidence of a contract depends on the legal jurisdiction and the specific circumstances of the shipment:
- Evidence of Terms: In many jurisdictions, the bill of lading is regarded as evidence of the agreement between the carrier and the consignor for the transportation of goods. Because it is viewed as evidence rather than the contract itself, oral testimony may sometimes be admissible to vary the terms stated within the document.12
- Incorporation of Terms: The document typically incorporates the specific terms and conditions concluded between the parties, including clauses that may limit the carrier's liability for loss, damage, or delay.2
- Endorsement: When a bill of lading is endorsed, it is generally considered to contain the binding terms of the contract between the carrier and the endorsee.1
- Precedence of Other Documents: If goods are shipped under a charter party, the bill of lading is often treated as a mere receipt, with the primary terms of the contract embodied in the charter party itself, unless the parties explicitly intended to vary those terms through the bill of lading.1