Legal issues arising from delivery of goods without a bill of lading : case study of some Asian jurisdictions
Legal issues arising from delivery of goods without a bill of lading : case study of some Asian jurisdictions

Summary/Abstract: This article examines the problem related to the delivery of the goods without a bill of lading. It focuses mainly on the problems arising in the Far East, which are compared, in some cases, with similar problems in some Western common law and civil law jurisdictions. Before reviewing the court practice and examining various issues related to the delivery of the goods without a bill of lading, several general questions related to the legal background of this problem are examined. With respect to the practice of delivery of the goods without a bill of lading, various issues are examined, such as whether a carrier can deliver the goods to the owner of the goods without a bill of lading; what is the nature of the carrier's liability for wrongful delivery: tort or contract ? Should the carrier deliver against single or a full set of bills of lading ? Is the ship's agent liable for delivery without a bill of lading ? Should a carrier obey the charterer's orders to deliver the goods without a bill of lading ? Can a carrier deliver the goods without production of a straight bill of lading ? Should a carrier agree to deliver the goods against the letter of indemnity, and how safe is to rely on such a document ? The main purpose of this article is to try to find an answer to the questions as to why an old problem is still causing so much confusion and how the problems arising in practice can be resolved.

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