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Lloyd's Maritime and Commercial Law Quarterly

THE BILL OF LADING AS A RECEIPT—MISSING OIL IN UNKNOWN QUANTITIES

Charles Debattista *

Where goods are carried by sea under a contract which contemplates the issue of a bill of lading, that document will contain a figure purporting to represent the quantity of goods shipped. If the quantity of goods discharged at the port of destination is less than described on the face of the bill of lading, we have the beginnings of an action for short delivery, and the purpose of this paper is to relate general principles governing shortage disputes to the special position of shippers and receivers of oil cargoes. It is legitimate to isolate general principles as applied to oil cargoes not only because of the physical characteristics and vicissitudes of the commodity, but also because oil traders are ready and able, perhaps to a greater degree than others, to provide convincing, if conflicting, evidence of the quantity of cargo shipped and discharged.1 The receipt value of the bill of lading in the carriage of oil is also complicated by the possible impact of the Hague-Visby Rules in a trade where the bill of lading is commonly issued against the backdrop of a good number of specialized oil charterparties.
The main thrust2 of this paper will therefore be directed towards answering this question:
In an action by a shipper/receiver against a carrier of an oil cargo, can the carrier prove that the measurement recorded on the bill of lading did not accurately represent the oil actually shipped, so as to avoid altogether, or at least abate, the carrier’s liability for short delivery?
An attempt to answer this question involves a consideration of the following three issues:
  • I. What is the position at common law?
  • II. If the carrier can, at common law, upset the bill of lading figures, what does he need to prove in order to do so?
  • III. Can a shipper or receiver of oil carried in a ship under charter call upon the Hague-Visby Rules to bar the carrier from disproving the bill of lading figures?

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