RULES OF INTERPRETATION OF THE BILLS OF LADING IN MARITIME JURISPRUDENCE
RULES OF INTERPRETATION OF THE BILLS OF LADING IN MARITIME JURISPRUDENCE

Summary/Abstract: Among numerous rules of interpretation used in analysing bills of lading, the following eight rules presented below are frequently encountered in maritime jurisprudence, especially pertinent for bills of lading and applied only if bills of lading are ambiguous. The notion of ambiguity in a contract may be defined as implying the language which is able to provide several meanings when analysed objectively by a person intelligent enough who analysed the context of the whole agreement integrated and who is aware of the customs, practices, usages and terminology as they are understood generally in commerce or particular businesses. Usually courts make efforts for interpreting contracts according to common intention of the contracting parties determined firstly by the key words which they used in the written agreement, read in the context of the contract as a whole and its object in the light of surrounding circumstances and keeping in mind where possible the pertinent customs and commercial usages. Where there entire and complete meaning would lead to a different result from the main object of the contract, the courts of law restrict the meaning of the words, reject words or entire provisions is they are considered to be inconsistent regarding the main purpose of the contract.

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