An Analysis Of Liability For Breach Of Contract And Tort Of Delivery Of The Goods Without B/L

Bill of lading is a document to prove that the contract of carriage of goods by sea and the goods have been received or shipped by the carrier,as well as the documents that the carrier guarantees to deliver the goods.With the continuous development and diversification of international trade,delivery of goods without B/L becomes intensified.What is the carrier's responsibility when the behaviors happen?About that,there is a dispute in academic and judicial circles.If the bill of lading for documents of title,delivery of goods without B/L regard as infringement.But it regard as default if the bill of lading for creditor's rights.There is a big difference in tort liability and liability for breach of contract in the judicial practice in our country such as subject of litigation,imputation principles,exemptions,limitation of action,legal application and the scope of compensation.However,there is particularity in the case of delivery of goods without B/L.Combined with "maritime law" and " the provisions of the supreme people's court on the application of laws in the case of non-original bills of lading for the delivery of goods(hereinafter referred to as"judicial interpretation for the shipment release without collection bill "),the author will study the particularity of the liability for the infringement and the liability for breach of contract,compare both the similarities and differences,identify the responsibility of the principal involved in the delivery of the goods and protect the legitimate rights and interests of the holder of the original bill of lading.In addition to the introduction and conclusion,this paper is divided into three chapters.In the first chapter,the author will analyze the property rights and the creditor's rights of B/L and then further analyze the infringement and default of the delivery of goods without B/L by "Contract law","tort liability law","maritime law"and "the interpretation of the judicial interpretation of delivery of goods without B/L"In the second chapter,the author will analyze the commonality and the contradiction for tort liability and liability for breach of contract of delivery of goods without B/L by 100 specific cases.In particular,the litigation subject,the scope of compensation,the evidence in the case of delivery of goods without B/L and the defense of the carrier.As there is a unified standard for the principle of imputation,the burden of proof,the exemption of liability,the scope of compensation and the limitation of action of the "maritime law"and " the interpretation of the judicial interpretation of delivery of goods without B/L"for the behavior of delivery of goods without B/L.Therefore,there are only differences in the litigation subject,jurisdiction and the application of law.In the third chapter,the author will analyze and draw lessons from the current mode of the lawsuit of delivery of goods without B/L.Meanwhile,the author will put forward own opinion on the concurrence theory of the liability for the infringement and the liability for breach of contract in China to further provide protection to the holder of the original bill of lading.