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)].
New Hampshire 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
In the absence of bill of lading, if a person wishes to take delivery of the goods, then he has to prove that he is entitled to the possession of the goods and there is a reasonable explanation for such absence.
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.
The bill of lading is a legal document that a shipper, carrier, or third-party logistics (3PL) provider (acting on behalf of a shipper) can create. One of these entities must fill out a BOL before the carrier hauls the freight.
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 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. If a bill of lading is damaged, the shipper may have to pay for the repairs.
