Bills of Lading

Page 164


The bill of lading and property and title to the goods

(A) Introduction

6.1 The bill of lading is, under the common law, a document of title to goods. Rather confusingly, this does not, however, mean that its transfer necessarily confers title to the goods on its transferee. This chapter considers three areas: the bill of lading as a document of title to goods at common law; the effect of the retention or transfer of the bill of lading on the transfer of property in the goods covered by the bill; and the circumstances where, unusually, the transferee of a bill of lading may receive a better title to the goods than his transferor had.

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