1. A bill of lading is a document that serves as a receipt for goods received by a carrier, a contract for carriage, and a document of title. It is signed by the carrier acknowledging receipt of goods for transport based on the terms described.
2. The bill of lading operates as a receipt for the goods, a contract between the shipper and carrier, and a document of title. Key parties are the shipper, carrier, and consignee. The acceptance of a bill of lading terms by the shipper binds them to the agreement unless there is fraud or mistake.
3. Stipulations in a bill of lading can limit the carrier's liability but provisions exempting liability for the
1. A bill of lading is a document that serves as a receipt for goods received by a carrier, a contract for carriage, and a document of title. It is signed by the carrier acknowledging receipt of goods for transport based on the terms described.
2. The bill of lading operates as a receipt for the goods, a contract between the shipper and carrier, and a document of title. Key parties are the shipper, carrier, and consignee. The acceptance of a bill of lading terms by the shipper binds them to the agreement unless there is fraud or mistake.
3. Stipulations in a bill of lading can limit the carrier's liability but provisions exempting liability for the
1. A bill of lading is a document that serves as a receipt for goods received by a carrier, a contract for carriage, and a document of title. It is signed by the carrier acknowledging receipt of goods for transport based on the terms described.
2. The bill of lading operates as a receipt for the goods, a contract between the shipper and carrier, and a document of title. Key parties are the shipper, carrier, and consignee. The acceptance of a bill of lading terms by the shipper binds them to the agreement unless there is fraud or mistake.
3. Stipulations in a bill of lading can limit the carrier's liability but provisions exempting liability for the
Chapter 5 - The acceptance of the bill without dissent
raises the presumption that all the terms
Bill of Lading (BOL) therein were brought to the knowledge of the - a written acknowledgement, signed by the shipper and agreed to by him, and in the master of a vessel or other authorized agent of absence of fraud or mistake, he is stopped the carrier, that he has received the described thereafter from denying that he assented to goods from the shipper, to be transported on such claims (whether he reads the bill or not) the expressed terms to be described the place of destination, and to be delivered to the THE 3-FOLD NATURE OF THE BILL OF LADING designated consignees of the parties. - The three fold nature of a bill of lading is - It operates as a (1) RECEIPT (2) as a obviously applicable only to carriage of goods CONTRACT (3) as a DOCUMENT OF TITLE. - As receipt and document of title: issued for goods A BOL is not necessary for the perfection of a contract - As contract: applies to tickets issued to of carriage. Thus, the obligation to exercise passengers extraordinary diligence by the carrier is still required even if there is no bill of lading. PARTIES Shipper and Carrier In the absence of the bill of lading, disputes shall be The consignee can be said to be a party in the determined on the basis of the provisions in the New Civil BOL because the carrier under a bill of lading Code and suppletory by the Code of Commerce. owes an obligation. Thus in the BOL, the parties with rights and or obligations are the shipper, KINDS of BILL of LADING: carrier and the cosignee.
1. Clean Bill of CONTRACTS OF ADHESION
Does not contain any notation indicating any defect Lading in the goods. - It is to be construed liberally in favor of the 2. Foul Bill of One that contains the abovementioned notation. shipper who adhered to such bill as it is a Lading contract of adhesion. The only participation of 3. Spent Bill of The goods are already delivered but the bill of the party is the signing of his signature or his Lading lading was not yet returned (upon delivery, the adhesion thereto. carrier is supposed to retrieve the covering bill of- The shipper or passenger is bound by the the goods) terms and conditions if there is no occasion to speak of ambiguities or obscurities 4. Through Bill Issued by a carrier who is obliged to use the facilities - If the words appear to be contrary to the of Lading of other carriers as well as his own facilities for the purpose of transporting the goods from the city of evident intention of the parties, the latter shall the seller to the city of the buyer, which BOL is prevail over the former honored by the second and other interested carriers who dont issue their own BOL. PAROLE EVIDENCE RULE - BOL is covered by the parol evidence rule, that 5. On Board Bill -states that the goods have been received on board the terms of the contract are conclusive upon the vessel which is to carry the goods. the parties and evidence aliunde is not -apparently guarantees the certainty of shipping as admissible to vary or contradict a complete well as the seaworthiness of the vessel to carry the enforceable agreement, subject to well defined goods. exceptions -basically means that the goods are already inside- the vessel BILL OF LADING AS EVIDENCE 6. Received for -states that the goods have been received for- The BOL is the legal evidence of the contract Shipment Bill shipment with or without specifying the vessel by and the entries thereof constitutes prima facie which the goods are to be shipped. evidence of the contract. -issued when conditions are not normal and there is- All the essential elements of a valid contract insufficiency of shipping space. (cause, consent, object) are present when such bill are issued. 7. Custody Bill The goods are already receied by the carrier but the of Lading vessel indicated therein has not yet arrived inBASIC the STIPULATIONS port. - Provided for in the Code of Commerce 8. Port Bill of The vessel indicated in the BOL that will transport- (for overland transportation, maritime Lading the goods is already in the port. commerce and electronic documents, please refer to the textbook for the codal pp. 203-210)
Nature of BOL PROHIBITED AND LIMITING STIPULATION
1. RECEIPT 2. CONTRACT 1. Exempting the carrier from any and all liability 3. DOCUMENT OF TITLE for loss or damage occasioned by its own negligence - INVALID as it is contrary to public Effectivity of BOL policy. - upon its delivery to and acceptance by the 2. Parties may stipulate that the diligence to be shipper. exercised by the carrier for the carriage of goods be less than extraordinary diligence if it the safety of passengers as required in articles 1733 is: and 1755 cannot be dispensed with or lessened by a. in writing and signed by both parties stipulation, by the posting of notices, by statements on b. supported by a valuable tickets, or otherwise. consideration other than the service rendered by the common carrier STIPULATION FIXING THE LIMIT OF RECOVERY c. the stipulation is just, reasonable Requisites and not contrary to law. 1. it is reasonable and just under the 3. Providing an unqualified limitation of such circumstances and liability to an agreed valuation - INVALID 2. it is fairly and free agreed upon. 4. Limiting the liability of the carrier to an agreed valuation unless the shipper declares a higher RIOTS AND STRIKES value and pays a higher rate of freight- VALID and ENFORCEABLE. Article 1748. An agreement limiting the common carrier's liability for delay on account of strikes or riots is valid. Note: the purpose of limiting stipulations in the bill of lading is to protect th common carrier. Such stipulation WHEN STIPULATION LIMITING CANNOT BE INVOKED. obliges the shipper/consignee to notify the common The carrier cannot invoke limiting the stipulation in the carrier of the amount that the latter may be liable for in carriage of goods in the following cases. case of loss of the goods 1. when the agreement limiting the CCs liability annulled by the shipper or owner if the CC Remember: refused to carry the goods unless the former 1. The parties cannot stipulate so as to totally agreed to such stipulation exempt the carrier from exercising any degree 2. if the carrier delays in the transportation of the of diligence whatsoever goods 2. The parties cannot stipulate that the common 3. if the carrier changes the stipulated or usual carrier shall exercise diligence less than the route diligence of a good father of a family 4. PRESUMPTION OF NEGLIGENCE the presence of limiting stipulation does not remove the duty to exercise extraordinary diligence in the transportation of goods
Article 1752. Even when there is an agreement limiting
the liability of the common carrier in the vigilance over the goods, the common carrier is disputably presumed to have been negligent in case of their loss, destruction or deterioration.
-The parties cannot stipulate so as to totally exempt the
carrier from exercising any degree of diligence whatsoever -The parties cannot stipulate that the common carrier shall exercise diligence less than the diligence of a good father of a family
STIPULATION REDUCING DILIGENCE
The parties cannot stipulate so as to totally exempt the carrier from exercising any diligence or less than the diligence of a good father of a family. However, they may stipulate that it be less than the extraordinary diligence REQUISITES 1. the stipulation is in writing and signed by both parties 2. the stipulation is supported by a valuable consideration other than the service rendered by the CC 3. the stipulation is reasonable just and not contrary to law REDUCTION OF DILIGENCE NOT ALLOWED FOR PASSENGERS
Article 1757. The responsibility of a common carrier for