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bill of lading

A bill of lading (sometimes abbreviated as B/L or BoL) is a document issued by a carrier which details a shipment of merchandise and gives title of that shipment to a specified party.[1] Bills of lading are one of three important documents used in international trade to help guarantee that exporters receive payment and importers receive merchandise. A straight bill of lading is used when payment has been made in advance of shipment and requires a carrier to deliver the merchandise to the appropriate party. An order bill of lading is used when shipping merchandise prior to payment, requiring a carrier to deliver the merchandise to the importer, and at the endorsement of the exporter the carrier may transfer title to the importer. Endorsed order bills of lading can be traded as a security or serve as collateral against debt obligations.[2] Bills of lading have a number of additional attributes, such as on-board, received-for-shipment, clean, and foul. An on-board bill of lading denotes that merchandise has been physically loaded onto a shipping vessel, such as a freighter or cargo plane. A received-for-shipment bill of lading denotes that merchandise has been received, but is not guaranteed to have already been loaded onto a shipping vessel. Such bills can be converted upon being loaded. A clean bill of lading denotes that merchandise is in good condition upon being received by the shipping carrier, while a foul bill of lading denotes that merchandise has incurred damage prior to being received by the shipping carrier. Letters of credit usually will not allow for foul bills of lading.[2] Name[edit] The word "lading" means "loading", both words being derived from the Old English word hladan.[3] "Lading" specifically refers to the loading of cargo aboard a ship. (However, "Bills of Lading" should never be called "Bills of Loading"). Description[edit] A bill of lading is a standard-form document. It is transferable by endorsement (or by lawful transfer of possession) and is a receipt from shipping company regarding the number of packages with a particular weight and markings and a contract for the transportation of same to a port of destination mentioned therein.[4] In the case of Coventry v Gladstone, Lord Justice Blackburn defined a Bill of Lading as "A writing signed on behalf of the owner of ship in which goods are embarked, acknowledging the receipt of the Goods, and undertaking to deliver them at the end of the voyage, subject to such conditions as may be mentioned in the bill of lading." A bill of lading is a key document used in the transport of goods. As a document of title, it is also an important financial instrument. A Bill of Lading is a document generated by a shipping line or its agent, giving details of a shipment of merchandise. Alongside this principal purpose, the bill of lading also certifies that the goods have been shipped aboard a vessel (and in some cases certifies the condition of the goods at the point of loading), assigns title to the goods, and requires the carrier to release the merchandise to the holder of the title or a named party at the destination port. History[edit] While there is evidence of the existence of receipts for goods loaded aboard merchant vessels stretching back as far as Roman times,[5] and the practice of recording cargo aboard ship in the ship's log is almost as long-lived as shipping itself, the modern Bill of Lading only came into use with the growth of international trade in the medieval world. The growth of mercantilism (which produced other financial innovations such as the charterparty (once carta partita), the bill of exchange and the Insurance policy[6]) produced a requirement for a title document that could be traded in much the same way as the goods themselves. It was this new avenue of trade that produced the bill of Lading in much the same form as we know today. Codified provisions on bills of lading may be found in the 1924 Hague Rules, the 1968 and 1979 Hague-Visby Rules, and the Hamburg Rules. Although the term "bill of lading" is well-known and well-understood, it may become obsolete. Articles 1:15 & 1:16 of the Rotterdam Rules create the new term "transport document"; but (assuming the Rotterdam Rules come into force) it remains to be seen whether shippers, carriers and "maritime performing parties" (another new Rotterdam Rules coinage) will abandon the familiar term "bill of lading".