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When is a bill of lading treated as the contract of carriage itself?

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Mosaic portrait of Emperor Justinian I with a jeweled crown and halo, from the 6th-century Basilica of San Vitale in Ravenna, Italy. — Carriage of goods Justinian I, detail of a 6th-century mosaic at the Church of San Vitale, Ravenna, Italy.

Whether a bill of lading is treated as the contract of carriage itself depends on the jurisdiction and the specific circumstances of the shipment.1

In some jurisdictions, the bill of lading is legally regarded as the contract of carriage itself, whereas in others, it is viewed merely as evidence of the contract, allowing for oral testimony to potentially vary its terms.1

The status of the document often changes when other agreements are involved. For instance, when goods are shipped under a charter party or another governing document, the bill of lading is typically treated as a mere receipt rather than the contract of carriage, as the terms are already embodied in the primary document. However, if the parties explicitly intend to vary the terms of their original agreement through the issuance of a bill of lading, it may take on a different legal weight. Additionally, once a bill of lading has been endorsed, it is ordinarily considered to contain the terms of the contract between the carrier and the endorsee.1