On The Carrier Liable For Non-delivery Of Goods And Its Defense And Relief

According to the international custom of bills of lading, it is an obligation of carriers to deliver goods against presentation of original bills of lading in order to protect the interest of the lawful holder of bills of lading. But in real life, carriers may have to deliver the cargo without presentation of original bills of lading, especially in trades where it is difficult or impossible for the bills of lading to arrive at discharging port in time.In Chapter One, Firstly, writer tries to analyze the concept of delivery of cargo without original bills of lading, and the causes of the issue. Then writer discusses the reasonability in existence of this kind of behavior of carrier.Writer begins Chapter Two with legal character about delivery of cargo without original bills of lading and various theories of this point. Then writer gives his own view of this issue: the legal charter of this issue can't be unified, in most cases, it can be regarded as a breach of the contract, but in some other cases, it also can be considered as action in tort or both of breach and in tort. Then comes to the issue of carrier's potential responsibility of delivery of cargo without original bills of lading and the scope of compensation.Chapter Three mainly concentrates on the carrier's deraignment against delivery of cargo without original bills of lading, and how to redress or relief from this.In Chapter Four, Writer raises some measures for carries to reduce their loss, some ways to solve this problem and writer's comments on these ways.The problem of delivery of cargo without original bills of lading has been with us for a long time. We all know the risk and severe consequence of delivery of cargo without original bills of lading, but it is still necessary in shipping practice now. In view of this situation, the writer study the above problem and wish the result of such study will promote to constitute the better legal system of carriage of goods by sea in China. Also writer want to give suitable ways for carriers to deliver cargowithout original bills of lading safely and gain the best economic benefit.