CARRIAGE OF GOODS BY SEA: BILLS OF LADING AND THE CARRIAGE OF GOODS BY SEA ACT 1971 (HAGUE-VISBY RULES)

The bill of lading, as indicated in the previous chapter, plays an important role in most international sale transactions. Amongst others, the bill of lading is a contract of carriage between the carrier and the consignee1 or endorsee. Terms contained in the bill of lading play a central part in determining the rights and liabilities of the parties to the contract. Most bills of lading issued today are subject to international conventions – the Hague Rules, the Hague-Visby Rules and the Hamburg Rules,2 which impose on the carrier minimum responsibilities and liabilities that cannot be lessened with suitable clauses in the contract. The current legal regime relating to bills of lading, however, is a consequence of developments that started approximately 200 years ago.