The Law on Bills of Lading

Module overview

Bills of lading and analogous shipping documents play important roles in the carriage of goods by sea. In this module you will study the functions of a bill of lading, cargo claims under the Hague-Visby Rules and rights of suit at both common law and statute. This involves the application of general principles of English commercial law, principally being an application of the law of contract, tort and bailment, to the specific field of the carriage of goods by sea. Legislation (and principles of its interpretation) will be examined, including in particular the Carriage of Goods by Sea Act 1971 (bringing into force in the UK the Hague-Visby Rules) and the Carriage of Goods by Sea Act 1992.

Aims and Objectives

Learning Outcomes

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

Locate and analyse relevant legal and other primary and secondary source materials including model bills of lading.
Identify and explain the main internationally-accepted principles underpinning the law relating to bills of lading.
Apply the legal principles, with appropriate legal authorities, in the solution of complex problems.
Appraise and criticise existing debates in U.K. and international bills of lading law, using appropriate legal research skills.
Analyse relevant legal materials, including statutes, case law and standard bill of lading clauses.

Transferable and Generic Skills

Having successfully completed this module you will be able to:

Distinguish relevant from irrelevant materials.
Think critically, develop coherent arguments in writing.
Identify and analyse key issues.
Display clarity and objectivity in written discussion demonstrating an awareness of issue of academic integrity.

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

Existing areas of debate and development about what the bills of lading law are and how they should be govern e.g. in the context of electronic bills of lading.
The main principles which govern the English law of bills of lading and the extent to which English law is influenced by internationally accepted principles, and vice versa.

Learning and Teaching

Teaching and learning methods

This module is taught through lectures (8x2hours) and seminars (3x2hours). Lectures will introduce the principles and structure of the subject. You are expected to provide the main input to the seminars where the principles introduced in the lectures are applied to hypothetical scenarios. The most important part of learning is your own independent study. This will, however, be closely guided, and firmly tied into the lectures, seminars and assessment. In the seminars you will have the opportunity to present arguments orally to a group of peers and defend your position under challenge.

Study time
Type	Hours
Independent Study	128
Lecture	16
Tutorial	6
Total study time	150

Resources & Reading list

Textbooks

John Wilson (2010). Carriage of Goods by Sea. Pearson Longman.

Richard Aikens, Michael Bools, Richard Lord (2016). Bills of Lading. Informa Law from Routledge.

Sir Bernard Eder; David Foxton; Steven Berry; Christopher Smith; Professor Howard Bennett (2019). Scrutton on Charterparties and Bills of Lading. Sweet & Maxwell.

Sir Guenter Treitel; Professor Francis M B Reynolds (2017). Carver on Bills of Lading. Sweet & Maxwell.

Assessment

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Formative Assessment

Assessment Type: Formative
Feedback:
Final Assessment: No
Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Breakdown
Method	Percentage contribution
Examination	100%

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Breakdown
Method	Percentage contribution
Examination	100%

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.

Breakdown
Method	Percentage contribution
Examination	100%

Repeat Information

Repeat type: Internal & External