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Bill of Lading

A5. Maritime Law, private and commercial

Definition

Receipt, document of title, and evidence of the contract of carriage.

The bill of lading performs three functions in the carriage of goods by sea: a receipt for the cargo and its apparent order and condition, evidence of the contract of carriage, and a document of title that can be transferred to pass constructive possession of the goods. Liability for cargo loss or damage is set by the Hague Rules, the Hague-Visby Rules, or the Hamburg Rules, depending on the regime incorporated. A clean bill notes no defects; a claused bill records damage at loading. Negotiable order bills are distinguished from straight (non-negotiable) and sea waybills.