Discussion On Responsibility Of Carrier's Delivery Of Goods Without Presentation Of Original Bill Of Lading

According to China Maritime Code and the international shipping custom, it is an obligation of carrier or its agent to deliver goods against presentation of original bill of lading in order to protect the interest of the lawful holder of bill of lading. But in real life, carrier may have to deliver the goods against a letter of indemnity or a bank guarantee, especially in trades where it is difficult or impossible for the bills of lading to arrive at discharging port in time.In such circumstances, it is most likely for the carrier to bear the responsibility of loss incurred by in tort or breach of contract. The article, at first, analyzes the causes why delivery of goods without presentation of original bill of lading arising from and probes into the relationships among all concerned parties. Secondly, a bill of lading can be regarded both as credit document and document of title. Meanwhile, its function is varied in different fields. Thirdly, the article introduces three theories referred to the carrier's responsibility, i.e. the tort, the breach of contract and both of breach & tort. Furthermore, it explains that the carrier delivers the goods without original bills of lading should be deemed as a breach of contract under China's present framework of maritime law. At last, the article also focuses on the identification of straight bills of lading, and whether carrier must deliver goods against presentation of original straight bills of lading. These issues are addressed in different ways in different countries, whether by law or by practices. Then this article approves the idea that the carrier shall deliver goods against presentation of original straight bills of lading.The above is the main contents of this thesis. By reference to thelegislations and cases in China, the UK and the USA, the article describes these issues according to many countries' laws and practices by comparison. I...