A bailment is created when personal property is delivered (without title) under an agreement that the property be returned to the bailor or otherwise disposed of according to its owner???s directions. Bailments involving tangible items (jewelry, cattle, automobiles, etc.) are more frequent than bailments of intangible personal property (promissory notes, shares of stock, etc.).
A bill of lading is a special kind of bailment. Any commercial transaction may involve a shipment or storage of goods covered by a bill of lading, a warehouse receipt, or a delivery order. These documents of title are subject to Article 7 of the UCC. To be a document of title, a document ???must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee???s possession which are either identified or are fungible portions of an identified mass??? [UCC 7???102(1)(e)].
California Request for Delivery of Goods in Absence of Bill of Lading; Offer of Bond
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How to fill out Request For Delivery Of Goods In Absence Of Bill Of Lading; Offer Of Bond?
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A bill of lading (B/L or BOL) is one of the most important shipping documents you'll need to transport any kind of shipment. You won't be able to make a shipment without it. A BOL is issued for all cargo transported by sea.
Importers can refuse a shipment of goods if there is no accompanying clean bill of lading, or if a claused bill of lading comes with the shipment. That's because the entity that receives the goods?the importer?pays the shipper for a certain quantity of goods in a specific condition.
It functions as a contract of carriage, transport goods receipt, and a document of title affording ownership. To receive the cargo, the buyer (consignee) will need to present the original bill of lading.
In case the Bill of Lading is made 'to order', it essentially means that it is a negotiable instrument of title or ownership. In other words, the ownership of the goods can be transferred from one person to the other based on the Bill of Lading and authorized signatories.
Understanding Through Bill of Lading It is required to ship goods and acts as a receipt and contract. It shows that the carrier has received the freight as described?that's the cargo receipt. It also documents the terms of delivery and release of the product.
Though not yet universally used, a telex release sent via email can replace the need to obtain the original BL to release shipped goods to the recipient. A telex release allows the carrier's agent to release the cargo at one port even though the original bill of lading may be at a different port.
The carrier is not justified in delivering the goods to a cargo unless the bill of lading is produced, even if the carrier knows that he is the owner of the goods. Besides legal reasons, there can be practical reasons for this rule.
