Articles liés à Bills of Lading in Export Trade: Formerly The Sale...
Synopsis
'Concise, well-argued answers...extremely useful addition to the armoury of practitioner and academic alike...' - "Cambridge Law Journal". The new third edition of Professor Charles Debattista's well-respected book takes a unique look at the sale of goods carried by sea under bills of lading. It looks at the document as an instrument of international trade, concentrating on the different things that sellers, buyers and banks want out of bills of lading. It also looks at the practical and legal problems which arise when the sale, carriage and letter of credit contracts do not agree on what the bill of lading should look like. Fundamental developments are covered. Since the last edition several cases have come to the English courts re-examining fundamental practical problems with bills of lading: Must a straight bill of lading be presented for delivery of goods? When can a carrier clause a bill?Does the letter of credit help in identifying the carrier under a bill of lading? These questions lie at the centre of the sometimes difficult connections between the contracts of sale, carriage and letter of credit. No shipping or international trade practitioner should be without a copy of this book. Important changes since the last edition include: the UCP600 and the ensuing change of rules regulating the tender of shipping documents under letters of credit; The Starsin [2003] 1 Lloyd's Rep 571 on identity of the carrier and the link with letters of credit; The Rafaela S [2005] Lloyd's Rep 347 on what is a document of title; Scottish & Newcastle v Ghalanos [2008] UKHL11 on the nature of an fob contract; The Ythan [2006] 1 Lloyd's Rep 457 on the liability of a receiver of goods towards the carrier; Incoterms 2000 Rules of practice regarding international sales, revising the 1990 version; and, Uniform Customs and Practice for Documentary Credits (UCP600).
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Présentation de l'éditeur
This major textbook covers the commercial contracts relating to shipping, addressing the sale, finance and carriage contracts as a single commercial transaction by focusing on the Bill of Lading. It places the study of the Bill of Lading in the commercial context in which it is normally used and shows the practical importance of the relevant rules. Restructured and extensively rewritten, the new edition incorporates significant developments in legislation, international conventions and contractual rules. These include the Carriage of Goods by Sea Act 1992, The Sale of Goods (Amendment) Acts 1994 and 1995, The Hamburg Rules, and the ICC's 1993 Revision of the Uniform Customs and Practice for Documentary Credits. It also includes new chapters on the shipping duties of sellers and buyers, on frustration, and on electronic trading. The text is supported by appendices containing sample trade forms and by relevant statutory materials including a fully updated version of The Sale of Goods Act 1979. Well-organised and original, this title will be of great practical use to all practitioners wishing to take a fresh and new look at the law of shipment sales. The new edition will focus less on the technological advances that may evolve via the internet and more on how real world principles apply to e-commerce and the emerging body of e-commerce case law. The new edition will cover all new regulations and legislation, including relevant EU directives, as well as new case law. New material in the new edition will include developments in online betting, electronic conveyancing and online dispute resolution as well as the changes introduced by the new Companies Act.
Les informations fournies dans la section « A propos du livre » peuvent faire référence à une autre édition de ce titre.