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Contract and Commercial Law Act 2017

Other commercial matters - Bills of lading, sea waybills, and ship’s delivery orders - Rights under shipping documents

318: Transfer extinguishes certain rights

You could also call this:

“When you give away rights to a shipping document, you usually can't use those rights anymore”

When you transfer rights related to a document under section 314, you lose any rights that you had before. This applies if you were part of the original shipping agreement for a bill of lading. It also applies if you got rights from a previous transfer of any document covered by this part of the law.

However, there are some exceptions. If you were part of the original agreement for a sea waybill, you can keep those rights. Also, for a ship’s delivery order, you can keep any rights that didn’t come from a previous transfer under section 314.

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Topics:
Business > Industry rules Transport and travel > Boating
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317: Rights may be exercised for benefit of person who suffers loss or damage, or

"You can get help if your shipped items are damaged, even if you're not the one who can sue"

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319: Person in whom rights are vested becomes subject to liabilities, or

"When you get rights to shipped goods, you might also get responsibilities"

Part 5 Other commercial matters
Bills of lading, sea waybills, and ship’s delivery orders: Rights under shipping documents

318Transfer extinguishes certain rights

  1. If rights are transferred under section 314 in relation to a document, the transfer extinguishes any entitlement that a person has to those rights that derives,—

  2. in the case of a bill of lading, from the person having been an original party to the contract of carriage; or
    1. in the case of any document to which this subpart applies, from the previous operation of that section in relation to the document.

      1. However, section 314 does not limit any rights a person has—

      2. that derive from the person having been an original party to the contract contained in, or evidenced by, a sea waybill:
        1. in relation to a ship’s delivery order, that derive otherwise than from the previous operation of that section in relation to the order.

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