Carver on Bills of Lading
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By: G. H. Treitel, Francis Martin Baillie Reynolds, Thomas Gilbert Carver
La 4e de couverture indique : "Provides a guide to the nature and uses of a Bill of Lading. Provides a detailed analysis of common standard form clauses and the legal principles that apply to them. Includes a new Chapter providing key commentary on the Rotterdam Rules. Includes all the important new cases and Supreme Court decisions. Gives you an in-depth treatment of specialist commercial contract area. Gives you practical guidance through commentary on case law and legislation. Organised so that each chapter deals with a particular clause or group of clauses found in day to day practice."
AI Overview
Title: Carver on Bills of Lading Authors: G. H. Treitel, Francis Martin Baillie Reynolds, Thomas Gilbert Carver (5th edition) Publisher: Sweet & Maxwell (part of the British Shipping Laws Library)
Key Themes
Nature and Uses of Bills of Lading:
- The book provides an exhaustive coverage of the nature and uses of bills of lading and associated documents in commercial transactions.
Contractual Instrument:
- It discusses the bill of lading as both a receipt and a contractual instrument, highlighting its role in maritime trade.
Party Duties:
- The duties of each party to the bill of lading contract are explained, including the contractual consequences of transferring a bill of lading.
Title Papers:
- The book examines bills of lading for title papers and explains how they might influence third parties.
International Maritime Law:
- It thoroughly examines the Hague and Hague-Visby Rules governing the international carriage of commodities by water, as well as the new Rotterdam Rules.
Plot Summary
The book is a comprehensive legal treatise that delves into the intricacies of bills of lading and their associated documents. It covers various aspects of these instruments, including their use in commercial transactions, their role in maritime law, and the implications of recent legislative changes.
Critical Reception
Academic and Theoretical Nature:
- The book is described as more academic and theoretical compared to its competitors, which aligns with its position in the British Shipping Laws Series.
Recent Case Studies:
- The text is often referenced in recent cases on bills of lading, such as Primetrade AG v Ythan Ltd (The Ythan) and Borealis AB v Stargas Ltd (The Berge Sisar), which underscores its relevance and authority in the field.
Author Expertise:
- The authors, G. H. Treitel and Francis Martin Baillie Reynolds, are recognized as two of the foremost commentators on this area of law, contributing to the book's credibility and depth.
Editions
5th Edition:
- The 5th edition includes extensive coverage of recent cases and legislative changes, such as the Erin Schulte, Finmoon v Baltic Reefers, and Glencore International AG v MSC.
Previous Editions:
- Previous editions, such as the 4th edition, have also been well-received for their in-depth analysis and comprehensive coverage of the subject matter.
In summary, "Carver on Bills of Lading" is a seminal work in the field of maritime law, offering a detailed and authoritative exploration of the nature, uses, and implications of bills of lading. Its academic and theoretical approach, combined with the expertise of its authors, make it a valuable resource for legal professionals and scholars alike.