Tuesday, May 5, 2020
International Trade Module Management
Question : "The Bill of Lading is a transferable document, therefore the ultimate buyer of the goods may bring a claim against the ship for damaged goods. Which function of the Bill of Lading assists this buyer with his claim and how?" Answer: Bill of lading is a document that acts as a carrier in the international trade. The relationship that is in between the exporters and the importers in the international business is, maintained by the bill of lading. However, noted that bill of lading is legal document that has the importance in the trade relation. The document proves the importer has made the payment. The major function followed by the bill of lading includes the following point: It is legal document, which has a document of title The receipt of the goods is ensured with the help of the document It is a source of information and the document between the relationship that has been, established in between the importer and the exporter. The receipt of the goods relates to the bill of lading in the following aspect. Major three aspects are, maintained by the document. The volume of the goods with reference to the quantity The leading marks that is associated with the goods he condition of the goods with reference to the quality that the order seeks The process in the bill of lading includes the owner of cargo to have the possession of the goods. The bill of lading is, usually issued in the sets. Single copy of the document is with the owner of the ship and the rest is issued to the importers or the bank. The bank play an important part in the transaction as the amount is mostly a huge amount that includes the intervention of the bank. It is through the bank that the amount is transferred. Case studies In the year 1883 there was a business relationship that was, established in between the Sanders Brothers and the McClean Co. the problem that was raised was that the buyers denied accepting the 2 sets of bill of lading copies as there were 3 sets. The case raised in the court rejected the claim of the buyer. The statement produced by the court said that is not necessary for the seller to tender the entire set. The transfer of the bill of lading is the amount that has been as per the set and the particular tender. The buyers need to see that the particular amount or quantity in the tender is received. It may be according to the different tenders. The major function used by the buyer in case of bill of lading to claim the damaged goods in the aspect of the quantity. There may be less quantity received by the buyer. The buyer might face this major trouble. However, the received goods may also be damaged. The buyers can take legal action based on the proof and the interaction produced in the bill of lading. However, the complete authority lies with the legal decision of the court. As the bill of lading can also, be misused by the buyer. Fake cases or complaints lodged may be a major issue. References Qin-chang, L. I. (2010). Implication of Certain Bill of Lading Concepts and Related Law Issues [J].International Business,1, 015. Gaskell, N. (2010). Bills of lading in an electronic age.Lloyds Maritime and Commercial Law Quarterly,2010(2), 233-284. Larish, F. (1919).The bill of lading. Chicago: La Salle extension University. Lust, H. (1919).The law of loss and damage claims. Chicago, Ill.: Traffic Law Book Co. Qin-chang, L. I. (2010). Implication of Certain Bill of Lading Concepts and Related Law Issues [J].International Business,1, 015. Larish, F. (1919).The bill of lading. Chicago: La Salle extension University. Gaskell, N. (2010). Bills of lading in an electronic age.Lloyds Maritime and Commercial Law Quarterly,2010(2), 233-284. Lust, H. (1919).The law of loss and damage claims. Chicago, Ill.: Traffic Law Book Co.
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