Bills of lading used to be tradable goods in Britain.
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Cheam cited the example of fraud in bills of lading.
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He plans to replace paper bills of lading with digital ones secured using blockchain technology.
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But half of air cargo still travels with paper "bills of lading" rather than e-tickets.
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Those shipping goods to Ivanka's businesses in America typically identified themselves on bills of lading before the Trump presidency.
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They also represent paperwork: bills of lading (BOLs), packing lists, letters of credit, insurance policies, orders, invoices, sanitary certificates, certificates of origin.
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It also receives bills of lading from US customs and border-patrol agencies and has export bills since 2014 and import bills since 2009.
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Whether it is trading oil, copper or wheat, participants currently grapple with a mountain of documents including letters of credit, bills of lading and inventory receipts.
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Waiters, secretaries and professors were sent on red-eye flights from San Francisco to Honolulu if only they would carry suitcases stuffed with these bills of lading.
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His startup, supported among others by Barclays, seeks to do away with physical paper transfers in the world of trade, effectively digitizing documents such as bills of lading.
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"The falsified bills of lading contained false signatures, stated that the metals were picked up by truckers that 'never existed', and sometimes contained incorrect tonnage amounts," the complaint said.
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After 170-some games, after weeks of pitchers throwing too hard for too long on too little rest, it was as if bills of lading had arrived all at once.
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The company now processes more than 18 million emails and documents per year, and says that performance is tracked by document type — such as orders, bills of lading, supplier invoices etc.
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At the time it left Texas, the shipment was owned by units of SOCAR Trading SA, the marketing arm of the State Oil Company of Azerbaijan Republic, according to the bills of lading.
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Her 62-page decision cited allegations made in the complaint filed by zinc purchasers alleging that Pacorini Metals USA, owned by Glencore, created false bills of lading, which are receipts given by transporters confirming shipment of goods.
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Step by step, investigators work backward from each known point of contact for a patient, sifting through menu items, individual recollections, bills of lading, distribution sites, chopping and bagging facilities, locations where lettuce is cooled, trucks and fields.
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Seventy miles of files in the Bundesarchiv, in Berlin; nearly a hundred miles of files and microfiche in the Stasi archives, across town; thirty million documents in the Holocaust archives in Bad Arolsen—letters, diaries, and reams of statistics, maps, blueprints, and bills of lading.
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MERRY-GO-ROUND The LME alleges that on occasions between September 22012 and October 22014 Access World (USA) LLC "employees falsified documents, including bills of lading, to give the exchange the impression that zinc had physically moved from the New Orleans delivery point when it had either not moved or it had moved but on a date other than shown in the inventory records".
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The advertising industry plans to use it to track its ads all over the internet; the music industry is planning to use it to track songs; banks and mortgage companies want to use it to track the deeds of homes and the complicated process of tracking all the documentation; shipping companies are investing in blockchain technology to track bills of lading, the pharmaceutical industry wants to use the technology to verify the drug supply chain.
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By surrendering the full set of bills of lading issues at the port of loading, the shipping line can instruct the port of discharge to release the cargo without the physical presentation of bills of lading at destination.
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The Carriage of Goods By Sea Act 1992 is a UK Statute that repeals the Bills of Lading Act 1855 and makes new provisions.
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He authored a legal book about the laws relating to bills of lading. A Pan-American Financial Conference was held in Washington, D.C., May 24–29, 1915, under the auspices of the United States.
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Liver Alkali Company v. Johnson (1874), L.R., 9 Ex. 338 The official title of the Hague Rules the "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading". After being amended by the Brussels Amendments (officially the "Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading") in 1968, the Rules became known colloquially as the Hague–Visby Rules. A final amendment was made in the SDR Protocol in 1979.
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Ryder, 106 Tenn. 712, 44 A.L.R.2d 927 § 10 Insurance policies, stock certificates, bills of lading, securities, bonds and commercial paper can be converted.Galigher v. Jones, 129 U.S. 193, 32 L. Ed. 658, 9 S. Ct. 335McAllister v.
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Leduc v Ward Leduc v Ward (1888) 20 QBD 475 is a leading English case on deviation within the law of carriage of goods by sea. The case also addresses bills of lading, and the parol evidence rule.
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He is the standing editor of Bowstead and Reynolds on Agency and was the editor-in-chief of the Law Quarterly Review. Reynolds is also a contributing editor to Carver on Bills of Lading and Benjamin's Sale of Goods.
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The consignor retains ownership of the goods until the bill of lading is transferred to the consignee. Most bills of lading today are governed by international conventions such as the Hague Rules (International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading); Hague-Visby Rules, which is a revised version of the Hague Rules by a Brussels Protocol in 1968; and Hamburg Rules. These rules impose minimum responsibilities and liabilities that cannot be softened by contract. On the other hand, the United States and the United Kingdom adopted the Carriage of Goods by Sea Act (COGSA).
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Norfolk Southern Ry. v. James N. Kirby, Pty Ltd., 543 U.S. 14 (2004), was a United States Supreme Court case that dealt with the extent to which maritime bills of lading cover non-maritime portions of a shipment, together with connected clauses for exclusion of liability.
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In 2010, Kirby was extended to cover domestic rail shipments for which bills of lading had been issued by domestic rail carriers with respect to shipments originating overseas, in the Supreme Court's ruling in Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp.Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp.
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However, there was not a special stamp created for photography, so, US revenue stamps originally intended for Bank Checks, Playing Cards, Certificates, Proprietary, Bills of Lading, &c.; were used. Largely due to the lobbying efforts of Alexander Gardner, Mathew Brady, Jeremiah Gurney and Charles D. Fredericks, the tax was repealed in 1866.
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The War Revenue Act of 1898 authorized a tax on a wide range of goods and services, including amusements, liquor, tea, and tobacco, and required tax stamps on some business transactions (such as bills of lading, manifests, and marine insurance).Garbade, p. 29.Jewell, p. 1895; Swaine, p. 653; Pratt, p. 117.
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Her master, Captain Robinson, in his haste to sail, neglected to complete his paperwork or sign his bills of lading - to the fury of Captain Innes of Serica. Taeping and Serica were able to get away together, having loaded 1,108,700 lbs and 954,236 lbs respectively. Taitsing, with 1,093,130 lbs, was a day behind.
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A Himalaya clause is a contractual provision expressed to be for the benefit of a third party who is not a party to the contract. Although theoretically applicable to any form of contract, most of the jurisprudence relating to Himalaya clauses relate to maritime matters, and exclusion clauses in bills of lading for the benefit of employees, crew, and agents, stevedores in particular.
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T. G. Dutton The clippers that sailed at the beginning of the 1866/67 tea season had a premium of 10s per ton written into their bills of lading, payable, by the consignees, to the first ship to dock in London. This is additional to the ordinary rate of freight that had been negotiated - in the case of Ariel in 1866, that was £5 per ton. The "ton" used in these bills of lading was the "freight ton", a measurement of volume; British ships loading tea in China at this time used a ton of 50 cubic feet (compared with American ships which used a ton of 40 cubic feet). Normally, the extra payment of the premium would be compensated for by the profits to be made by selling the first of the new crop of tea.
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After having found their way to Syversen's nursery near Carl Berners plass in Oslo,The nursery has since been demolished, but the location is at refugees were loaded on the backs of trucks, and covered by a tarp. Children were often sedated. Gerd Pettersen forged bills of lading and other necessary documents. Sivorg's network along the route would monitor German or border police patrols.
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The Business Filing Division is accountable for filings for business corporations, nonprofit corporations, limited liability companies, limited partnerships, and limited liability partnerships. The Uniform Commercial Code is another responsibility of the Business Filings Division, this Code conducts the laws of commercial transactions. This includes the sale of goods, commercial paper, bank deposits and collections, letters of credit, bulk transfers, bills of lading and investment securities.
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In the UK there are conflicting obiter dicta in "The Rafaela S" [2003] 2 Lloyd's Rep. 113 and "The Happy Ranger" [2002] 2 AER (Comm) 23, so the matter must remain unclear even though there are serious problems, for example, arising from the everyday occurrence of cargo being discharged against letters of indemnity when original bills of lading are not yet available to be presented at the discharge port.
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Its flagship product is data on the waterborne trade between the U.S. and its 240 distinct geographic markets. Sourced from maritime bills of lading, this data covers the details of transactions including cargo descriptions, ports of departure and arrival, and shipping lines, as well as the names of importing companies and foreign suppliers, which are linked to Dun & Bradstreet background information.Pagell, Ruth A. (March–April 2013). “Datamyne: Mining for Trade Data” .
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For many years, the industry has sought a solution to the difficulties, costs and inefficiencies associated with paper bills of lading. One answer is to make the bill an electronic document.Section 1(5) of the UK's Carriage of Goods by Sea Act 1992 empowers the minister to make such provisions. An electronic bill of lading (or eB/L) is the legal and functional equivalent of a paper bill of lading.
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The UNCITRAL Model Law on Electronic Transferable Records (“MLETR”) is a uniform model law that has been adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 2017. Its scope is to allow the use of transferable documents and instruments in electronic form. Transferable documents and instruments typically include bills of lading, warehouse receipts, bills of exchange, promissory notes and cheques. National law qualifies a document or instrument as transferable.
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These companies at the Chinese Changchun Railway terminals of Manzhouli and Suifenhe provided joint bills of lading, tickets, and shipment for Chinese imports and exports via these important land links. With the formal signing of this agreement, Mao Zedong and Zhou Enlai returned to China having regained China's sovereignty over the Chinese Changchun Railway. This marked the first time since the railway's construction in 1896 that the railway had been property of China.
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For example, an order shipment process in Europe may differ slightly from the same process in North America because there are differences in compliance requirements and Bills of Lading. There is no need to capture the second process end-to-end for automation purposes. The first process can easily be copied and modified in the BPV software. This enables companies to efficiently and quickly build their portfolio of business processes for automated validation.
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James takes on a cargo with a Mr Jack Wadham, with no bills of lading required or desired. The Fennian strike and blowing up of a town hall motivate the cargo – transfer of a rich man's possessions. Sarah begins seeing a medium – she becomes convinced through his simple predictions that he can see the future and is in contact with the dead Robert. James suspects that Wadham and his cargo are not what they appear and opens the crates.
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Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights. :90. Taxes other than stamp duties on transactions in stock exchanges and futures markets. :91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts. :92. ~~Taxes on the sale or purchase of newspapers and on advertisements published therein.
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Hypothecation, or "trust receipts" are relatively uncommon forms of security interest whereby the underlying assets are pledged, not by delivery of the assets as in a conventional pledge, but by delivery of a document or other evidence of title. Hypothecation is usually seen in relation to bottomry (cf. bills of lading), whereby the bill of lading is endorsed by the secured party, who, unless the security is redeemed, can claim the property by delivery of the bill.
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Waybills are non-negotiable documents unlike bills of lading which are negotiable. The words non-negotiable are printed clearly at the top of the air waybill. This means that the air waybill is a contract for transportation only and does not represent (the value of) merchandise mentioned in the box nature and quantity of goods. The ocean bill of lading, if negotiated, may represent (the value of) the goods and must be endorsed by the party ultimately accepting the goods.
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Within a few years, A. Musica and Son was one of the largest importers of Italian food in New York, grossing a half-million dollars a year. The Musicas moved to a home in Bay Ridge in Brooklyn and became leaders of the city's Italian community. There was a dark secret to the store's success, however. Musica bribed dock officials to replace the real bills of lading with phony ones listing the weights of their shipments as substantially lighter than they really were.
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In 2004, the ship was detained in Kuwait after becoming the victim of an apparent fraud scheme. According to papers filed by the A. P. Moller-Maersk Group with the United States District Court for the Southern District of New York in 2005, Kuwait-based expatriates scammed the Group out of millions of dollars. Low-value goods were allegedly shipped under the guise of fraudulent, high-value bills of lading. Maersk was subsequently sued for losing goods that had never existed.
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Prints from the original wood-blocks Due to a shortage of one penny and four pence stamps, a local printer, Messrs. Saul Solomon & Co., was employed to provide a supply of one penny and four pence stamps, and these were issued in February 1861. It was then discovered that a consignment of stamps from London had already arrived, on 5 May 1860, although the bills of lading had gone astray. A year later the cases with the stamps from London were claimed.
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Transferable documents and instruments allow to request delivery of goods and payment of a sum of money based on possession of the document or instrument. However, it has been difficult to reproduce the notion of possession, which has to do with control over tangible goods, in an electronic environment. The MLETR addresses that legal gap. The adoption of the MLETR to facilitate the use of electronic bills of lading has been recommended in a report by law firm Clyde & Co and the ICC Banking Commission.
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The Uniform Bills of Lading Act was adopted in 1909 and passed by the US Uniform Law Commission. The act addressed the judicial and legislative treatment of issues such as the extent of the carrier's liability to the consignee of the goods or to the buyer of the bill of lading based upon the carrier's issuance of the bill. It governed the relationship between persons with interest in the goods, and carriers who transported those goods. It set / described how a carrier could limit its liability.
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In 2015, Scott Lumley pleaded guilty to wire fraud and money laundering. Lumley admitted that as the owner of Bluebuyou; a wholesale distributor, he had made misrepresentations to a customer to which he had sold $200,000.000 of energy drinks. He admitted that he had forged the bills of lading and that the drinks had never been shipped and that the company did not have enough product to satisfy the sale. He was sentenced later that year and agreed to pay full restitution to the customer.
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Rand and Rocchia make progress: first, checking bills of lading from the harbor, and questioning longshoremen about unusual activity. Further checking determines a discrepancy between what was listed on a cargo ship's manifest and what actually made it to the destination. Rand and Rocchia check the rental vehicle involved, and discover that it was rented with a stolen driver's license. The owner of the license, who recently lost it to a pickpocket, Mr. Gerald Putman, reviewing photographs, identifies Carmen, a Colombian whose large breasts help distract her victims.
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The Bills of Lading Act 1855 was commendably brief and proved useful, but as time went by certain defects became apparent. The English courts devised some ways round the problem: in Brandt v Liverpool 1924 [1924] 1 KB 575Brandt v Liverpool, Brazil and River Plate Steam Navigation Co. Ltd the concept of implied contracts was developed. Nevertheless, there were difficulties relating to passing of property and passing of risk. The Law Commission and the Scottish Law Commission addressed the issue in a report, "Rights of Suit in respect of Carriage of Goods by Sea".
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Stamps acts were enacted in various Australian states in 1878, 1882, 1886, 1890, and 1894, with amendments from 1892 to 1907. According to these acts, stamps were required on many types of business transactions: negotiable instruments, promissory notes, bills of lading, and receipts. In Western Australia, duties of this type were overhauled in the Western Australian Stamp Act 1921, which took effect on 1 January 2010. In South Australia, the Stamp Duties Act 1923 was first enacted in 1923, then revised or amended almost yearly until its current version of 2017.
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In 1898, revenue stamps were again issued, to provide funding for the Spanish–American War. Tax was levied on a wide range of goods and services including alcohol, tobacco, tea, and other amusements and also on various legal and business transactions such as stock certificates, bills of lading, manifests, and marine insurance. To pay these tax duties revenue tax stamps were purchased and affixed to the taxable item or respective certificate. Revenue stamps were issued at irregular intervals for alcohol products, tobacco products, matches, proprietary medicines, and perfumes.
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The Carriage of Goods by Sea Act ("COGSA") is a United States statute governing the rights and responsibilities between shippers of cargo and ship- owners regarding ocean shipments to and from the United States. It is the U.S. enactment of the International Convention Regarding Bills of Lading, commonly known as the "Hague Rules". It was found in Title 46 Appendix of the United States Code, starting at Section 1301, but has been moved to a note in 46 United States Code 30701.Pub.L. 109-304, § 6(c), Oct.
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The term dray is also used to refer to a truck with no sides. Specialised trolleys include the piano dolly, which normally features small multi-swivel castors and a stronger-than-usual frame. The "U-boat" – used to move and stock goods by retailers such as grocery stores – has two high handles on opposite ends of a thin flatbed. Modern factory systems commonly track individual trolleys digitally to facilitate automated bills of lading; automated systems may have remotely operated or autonomous trolleys for transport during storage and access.
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The airline was established and started operations in 1969. It was formed as DHL Worldwide Express by Adrian Dalsey, Larry Hillblom and Robert Lynn to shuttle bills of lading between Hawaii and San Francisco. It rebranded as DHL Airways in 1983 and grew rapidly, initiating services to the Philippines, Japan, Hong Kong, Singapore and Australia, creating a new industry of door-to-door express services in the Pacific Basin and later worldwide. Lufthansa and Japan Airlines each acquired a 5% stake, increased to 25% each in 1992. Deutsche Post acquired a 22.5% stake in 1998, gradually increasing it to 100% in 2001–2002.
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A cargo manifest and a bill of lading may carry similar information and the concepts are not always clearly distinguished. In some cases, a single document may serve both purposes. In general, a bill of lading serves as a legal instrument focusing on and documenting such issues as ownership, whereas a cargo manifest is often more concerned with physical aspects of the cargo, such as weight and size. When the cargo is being shipped by several different shipping companies on the same vessel, there will usually be separate bills of lading for each company, but only a single consolidated cargo manifest.
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In the 1886 election, he stood unsuccessfully as the Liberal candidate for Limehouse. He wrote The Contract of Affreightment as Expressed in Charter-parties and Bills of Lading (1886), in which he was able to draw on his knowledge of the family business as well as his legal training. Over a century later, this is still the standard text on the topic, while several of his other legal works, especially that on copyright, remain useful. Scrutton owned and was involved with the management of St. Paul's Industrial School, subject of a scandal in 1882 brough to notice by Elizabeth Surr and others.
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If said bank is provided certain documents, by 'B', then he is obliged to pay, regardless of whether the contract between 'A' and 'B' is subject to set-off, or contractual issues. The specified documents are often bills of lading or other 'documentary intangibles' which 'A' and 'B' have previously specified in their original contract.Standard Chartered Bank v Dorchester LNG (2) Ltd [2015] The actions available to the buyer arising out of the sale contract do not concern the bank and in no way affect its liability.Ficom S.A. v. Socialized Cadex [1980] 2 Lloyd’s Rep. 118.
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He regularly delivers lectures/speeches in the UK and in other parts of the world. He was formerly Visiting Professor at University College London (1999-2003) where he gave a series of lectures on shipping law as part of the LLM course. He is now a member of the Institute of Maritime Law, University of Southampton, and continues to give lectures on a wide range of legal topics at universities in England and around the world. He is currently Senior Editor of Scrutton on Charterparties and Bills of Lading and a full-time arbitrator at 24 Lincoln's Inn Fields.
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The typical warehouse/distribution center consists of a multi-tier control architecture in which each level in the control hierarchy has a defined role. The upper most level of the control hierarchy is the warehouse management system (WMS), or host. This system handles the business aspects of the system such as receiving customer orders, allocating inventory, and generating shipping manifests or bills of lading) and invoices based on order fulfillment information and shipping information received from the material handling control system (WCS). It typically interacts with the material handling system on a non-real-time basis.
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At night the port authorities used signal lights to warn a skipper he must halt, and the flag had to stay raised until the ship was passed. Arrangements for boarding and examining ships were made in the port 'Boarding Room', and eventually a team of 2 officers and 6 men set out in a fishing drifter or motor launch to the ship. After apologising to the captain for the trouble, they inspected the ship's papers, manifest and bills of lading. At the same time the wireless cabin was sealed so no signals could be sent out while the ship was in the controlled zone.
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After the 1901 reorganization, the company's name was changed to State Printing House. The state budget and its justification, the appropriation accounts, the important bills, the Financial Gazette and the time-tables of the Hungarian State Railways were printed in the State Printing House. Hungarian Royal Treasury Notes, different treasury bills, state promissory notes, annuity loan notes, class lottery tickets, blank bills, bills of lading of domestic and foreign freights and cigar and tobacco packaging materials and tax stamps were also produced there. The Hungarian government founded the Hungarian Banknote Printing House in 1922 which started domestic banknote printing in August 1923 in the buildings of the State Printing House.
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In August 1750, there was a naval battle off Baie Verte between British Captain Le Cras, of the Trial and the French sloop, London, of 70 tons. The London was seized to discover that it had been employed to carry stores of all kinds, arms, and ammunition, from Quebec to Le Loutre and the Mi'kmaq fighters. François Bigot, the intendant of New France had given instructions to the French captain to follow the orders of Le Loutre or La Corne, the bills of lading endorsed by Le Loutre, and other papers and letters, were found on board of her, with four deserters from Cornwallis' regiment, and a family of Acadians. The prize and her papers were sent to Halifax.
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While Larry Hillblom was studying law at University of California, Berkeley's Boalt Hall School of Law in the late 1960s, he accepted a job as a courier for the insurance company Michael's, Poe & Associates (MPA). He started running courier duty between Oakland International Airport and Los Angeles International Airport, picking up packages for the last flight of the day, and returning on the first flight the next morning, up to five times a week. After he graduated, Hillblom met with MPA salesman Adrian Dalsey and they planned to expand MPA's concept of fast delivery to other business enterprises. They flew between Honolulu and Los Angeles, transporting bills of lading for their first client, Seatrain Lines.
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Whereas a charterparty is the contract between a shipowner and a charterer, a contract of carriage lies between the shipper and the carrier. A carrier will issue a shipper with a bill of lading, a receipt for cargo shipped which also serves as evidence of the contract of carriage. (In a demise charter, the charterer is the carrier; in a time or voyage charter the shipowner is the carrier). The US Carriage of Goods by Sea Act (COGSA), and the UK Carriage of Goods by Sea Act 1971 (which ratifies and incorporates the Hague-Visby Rules) do NOT apply to charterparties, but do apply to bills of lading (and similar documents such as ships delivery orders, or sea waybills).
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Adler v Dickson [1954] 2 LLR ; Denning LJ at page 272 As a consequence of this decision, specially drafted Himalaya clauses benefiting stevedores and others began to be included in bills of lading. As the negligent master and bosun were employees acting in the course and scope of their employment, their employer would have been vicariously liable. Although the case does not specifically discuss vicarious liability, Denning LJ stated, at page 270 "...the steamship company say that, as good employers, they will stand behind the master and boatswain and meet any damages and costs that may be awarded against them". Although the decision in The Himalaya is clear and unambiguous, the reasoning underpinning the case is still the subject of some debate.
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Students described him as "a gentle, good-humored teacher who charmed his classes with hypothetical cases involving his horse, Dobbin, and who regularly invited students to dine with his family on Sundays," and "a master of the Socratic method." Memory of Williston's student, Professor Frederick Bernays Wiener. Amongst his most important contributions at this time were the drafting of four laws aimed at providing national commerce with a legally uniform architecture. The Uniform Laws of Sales (1906), Warehouse Receipts (1906), Bills of Lading (1909), and Stock Transfers (1909) would in fact serve as precedents for the construction of the Uniform Commercial Code some decades later. On December 10 and 11, 1913, Williston unsuccessfully argued for the defense in the case of Boston & Maine Railroad v.
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The Erl King was used in the China trade – sailing from Britain to China to collect, primarily, tea. The ending of the British East India Company's monopoly of the tea trade from China to Britain in 1834 had given rise to the tea clipper era, with much of the tea that was brought from China being carried in high speed sailing vessels that competed to get the first "new crop" to market in Britain. (Slower sailing vessels also carried tea.) In 1866, the Erl King entered this trade in competition with the sailing vessels. The tea clippers, if able to load a cargo early, would race against each other, often with a premium payment written into the bills of lading for the winning ship.
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The interchange of cars with the national rail system occurs only at the Lee Hall junction where interchange tracks exist linking the FEMRR to (originally) the Chesapeake and Ohio Railway (C&O;) (now CSX). FEMRR engines and cars were not permitted on C&O; tracks beyond the Yorktown Road grade crossing except in emergencies. Cars outbound from Fort Eustis would be spotted on a designated interchange track (other than passing track #493, which was a dedicated runaround track) and deemed delivered to the C&O; when the bills of lading and switch lists were signed by the C&O; station agent. Inbound cars would be spotted on the interchange track by the C&O; and deemed delivered to the Government when uncoupled from the engine (or the rest of the train) that brought them there.
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Contra proferentem (Latin: "against [the] offeror"), also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording. The doctrine is often applied to situations involving standardized contracts or where the parties are of unequal bargaining power, but is applicable to other cases. The doctrine is not, however, directly applicable to situations where the language at issue is mandated by law, as is often the case with insurance contracts and bills of lading. The reasoning behind this rule is to encourage the drafter of a contract to be as clear and explicit as possible and to take into account as many foreseeable situations as it can.
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The Hague Rules of 1924 (formally the "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, and Protocol of Signature")Admiralty Law Guide is an international convention to impose minimum standards upon commercial carriers of goods by sea. Previously, only the common lawLiver Alkali v Johnson (1874) LR 9 Exch 338Law and SeaGlynn v Margetson (1893); AC 351 (1907) 1 KB 660; provided protection to cargo-owners; but the Hague Rules should not be seen as a "consumers' charter" for shippers because the 1924 Convention actually favoured carriers and reduced their obligations to shippers. The Hague Rules represented the first attempt by the international community to find a workable and uniform way to address the problem of shipowners regularly excluding themselves from all liability for loss or damage to cargo. The objective of the Hague Rules was to establish a minimum mandatory liability of carriers.
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A manifest, customs manifest or cargo document is a document listing the cargo, passengers, and crew of a ship, aircraft, or vehicle, for the use of customs and other officials. Where such a list is limited to identifying passengers, it is a passenger manifest or passenger list or bag manifest; conversely, a list limited to identifying cargo is a cargo manifest or cargo list. The manifest may be used by people having an interest in the transport to ensure that passengers and cargo listed as having been placed on board the transport at the beginning of its passage continue to be on board when it arrives at its destination. > This document, made up generally by the ship's broker, from the contents of > the bills of lading, contains a specification of the nature and quantity of > the cargo laden, and is generally attested officially, and in some countries > notarially.
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The original shipping documents were in the bank's custody, and ownership could only be transferred to Innoson (or any other third party) by the bank when the conditions of the agreement were fulfilled. Chukwuma approached the bank on behalf of Innoson for the documents, and was refused due to Innoson's failure to meet the agreed conditions; however, the bank noticed in June 2011 that the imported goods had been procured by Innoson without their consent. The bank’s endorsement of the bills of lading to the shipping line had been forged. GTBank reported the forgery to the Nigeria Police Force, who began an investigation. After a forensic examination of the disputed signatures, the police established that the signatures of the bank’s staff were forged and the imported goods were fraudulently cleared from the Nigerian Ports Authority. According to a 10 November 2017 Innoson Group press release, the company was a GTBank customer.
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Grant v Norway (1851) Grant v Norway (1851) 10 CB 665, 138 ER 263, 20 LJCP 93, 15 Jur 296 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. The court held that a statement in a bill of lading that goods have been shipped is of only prima facie evidential value, and its terms may be rebutted by evidence to the contrary. The justification for the case was that a carrier should not suffer liability if (as was not uncommon at the time) the ship's master had fraudulently colluded with a dishonest shipper and had issued a bill declaring untruthfully that goods had been loaded.
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Prior to the mid-1970s, most international conventions concerning maritime trade and commerce originated in a private organization of maritime lawyers known as the Comité Maritime International (International Maritime Committee or CMI). Founded in 1897, the CMI was responsible for the drafting of numerous international conventions including the Hague Rules (International Convention on Bills of Lading), the Visby Amendments (amending the Hague Rules), the Salvage Convention and many others. While the CMI continues to function in an advisory capacity, many of its functions have been taken over by the International Maritime Organization, which was established by the United Nations in 1958 but did not become truly effective until about 1974. The IMO has prepared numerous international conventions concerning maritime safety including the International Convention for the Safety of Life at Sea (SOLAS), the Standards for Training, Certification, and Watchkeeping (STCW), the International Regulations for Preventing Collisions at Sea (Collision Regulations or COLREGS), Maritime Pollution Regulations (MARPOL), International Aeronautical and Maritime Search and Rescue Convention (IAMSAR) and others.
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