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Bill of lading

A document that a transport company possesses acknowledging that it has received goods, and serves as title for the purpose of transportation.

A written receipt issued by a carrier, a transport company, that it has taken possession and received a item of property and usually also confirming the details of delivery (such as method, time, place or to whom), and serves as the carrier's title for the purpose of transportation.

In Aman v. Dover & Southbound R. Co. 179 N.C. 310 (1920), the Supreme Court of North Carolina defined the word and added the statement of the law that a bill of lading is not a necessary thing for the carrier to be liable for the safe delivery of the item of property.

"An instrument issued by the carrier to the consignor, consisting of a receipt for the goods and an agreement to carry them from the place of shipment to the place of destination, is a bill of lading. Of course it is not essential that a bill of lading be issued.

" (T)he relationship of carrier and shipper may be created without any written bill of lading."

Canada has a Bill of Lading Act which states that (RSC 1985 Chapter B-5, at ¶4), and in a marvelous and timeless legalese experience:

"Every bill of lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel or train, is conclusive evidence of the shipment as against the master or other person signing the bill of lading, notwithstanding that the goods or some part thereof may not have been shipped, unless the holder of the bill of lading has actual notice, at the time of receiving it, that the goods had not in fact been laden on board, or unless the bill of lading has a stipulation to the contrary, but the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fault of the shipper or of the holder, or of some person under whom the holder claims."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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