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)].
Maryland 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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FAQ
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.
The Sea Waybill (sometimes also referred to as an Express Release) is a document issued by the carrier to the shipper in exchange for the cargo. In many ways a Sea Waybill is identical to a Bill of Lading, but, on a few essential points it is also fundamentally different.
The receiver can refuse a shipment if there is no clean bill of lading or a claused bill, which outlines damage to or missing quantities of goods in a shipment. Banks can refuse to advance funds if shipments come with a claused bill of lading.
An order bill of lading is used when shipping merchandise prior to payment, requiring a carrier to deliver the merchandise to the importer, and at the endorsement of the exporter the carrier may transfer title to the importer.
The consequences of lost or damaged bills of lading can be very costly. If a bill of lading is lost, the shipper may have to pay a penalty to the carrier.
Historically, a freight carrier issued a telex release after receiving the original bill of lading (BL) at the destination port. 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.
