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Debattista on Bills of Lading in Commodities Trade, 4th Edition

Debattista on Bills of Lading in Commodities Trade, 4th Edition

Author: Charles Debattista
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781780438429

Previous Edition ISBN: 9781845923150
Published In: April 2021
Format: Hardback , 400 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Debattista on Bills of Lading in Commodity Trade provides not so much a linear road-map as a GPS system, allowing the reader to locate which aspect of the bill of lading is central to the dispute they are dealing with and evaluating that aspect from the perspective of each of: (1) the contract of sale; (2) carriage contract and (3) letter of credit.
The title examines questions such as:

How can a buyer ensure in their sale contract that the bill of lading the buyer receives from the seller gives them secure title to sue the carrier?

What impact does the choice of a particular Incoterms rule have on whom the carrier can sue under the contract of carriage?

Where there is a claim by a buyer/cargo-claimant for loss, damage or delay to goods, must they factor any gains or benefits made under the sale contract claim/settlement into the quantum claimed in the cargo-claim against the carrier?

What is a 'charterparty bill of lading' - and can it be tendered under a letter of credit?

When and why might a seller need to “switch” bills of lading for its buyer or its bank - and does the seller have a right to demand the switching of bills under the Hague-Visby Rules?

All of these questions – and many others like them – cut across areas of law normally siloed in academic and practitioner texts. The purpose of this title is to make links and draw out connections, with a view to assisting lawyers when a dispute arises – and others drafting different contracts seeking to avoid problems arising in the first place.

The fourth edition of this work, now bearing a new title and benefitting from the arrival of a co-author, has been fully revised to take account of case-law and regulatory developments in the twelve years since the last edition.

Chapter 1: Documentary sales on shipment terms: an introduction to contracts and duties in international sales

PART I - DOCUMENTARY CONTROL OVER THE GOODS
Chapter 2: The right to claim delivery of the goods
Chapter 3: The power to transfer the right to claim delivery

PART II - RISK, TITLE TO SUE AND PROPERTY
Chapter 4: Risk of loss and the righ to sue the carrier on the contract of carriage
Chapter 5: The transfer of property in the international sale of goods carried by sea

PART III - TENDER OF AN ACCETABLE BILL OF LADING
Chapter 6: Tender of the bill of lading as a receipt
Chapter 7: Tender of the bill of lading as a contract of carriage
Chapter 8: Tender of bills of lasing under charterparties
Chapter 9: Rejection of documents and goods

APPENDICES

“concise, well-argued answers...extremely useful addition to the armoury of practitioner and academic alike...” – Cambridge Law Journal