BILL OF LADING

bill of lading (layd-ing). A document acknowledging the receipt of goods by a carrier or by the shipper’s agent and the contract for the transportation of those goods; a document that indicates the receipt of goods for shipment and that is issued by a person engaged in the business of transporting or forwarding goods. UCC § 1-201(b)(6). • A negotiable bill of lading is a document of title. — Abbr. B/L. Cf. WAYBILL; AIRBILL. [Cases: Carriers  51; Shipping  106. C.J.S. Carriers § 390; Shipping §§ 256–257.]

“A bill of lading may be regarded in three several aspects. (1) It is a receipt given by the master of a ship acknowledging that the goods specified in the bill have been put on board; (2) it is the document [that] contains the terms of the contract for the carriage of the goods agreed upon between the shipper of the goods and the shipowner (whose agent the master of the ship is); and (3) it is a ‘document of title’ to the goods, of which it is the symbol. It is by means of this document of title that the goods themselves may be dealt with by the owner of them while they are still on board ship and upon the high seas.” William R. Anson, Principles of the Law of Contract 380 (Arthur L. Corbin ed., 3d Am. ed. 1919).

bearer bill of lading.A negotiable bill of lading that authorizes the carrier or holder of freight

to deliver it to the bearer.

claused bill of lading.See unclean bill of lading.

clean bill of lading.A bill of lading containing no clause or notation qualifying the bill’s terms. • Possible clauses or notations could include a provision for deck storage or a recording of cargo damage. Cf. unclean bill of lading. [Cases: Carriers  52(2). C.J.S. Carriers § 438.]

destination bill of lading.A bill procured to be issued at the destination point or any other place than the place of shipment. UCC § 7-305. [Cases: Shipping  106(3). C.J.S. Shipping §§

260–263, 265.] foul bill of lading.See unclean bill of lading.

long-form bill of lading.A bill of lading that expressly contains all the terms of the

transportation contract. Cf. short-form bill of lading.

negotiable bill of lading.A bill of lading calling for the delivery of goods to the bearer or to a named person’s order. UCC § 7-104. [Cases: Carriers  54; Shipping  106(5). C.J.S. Carriers §

398; Shipping § 259.] nonnegotiable bill of lading.See straight bill of lading.

ocean bill of lading.A negotiable bill of lading used in shipment by water. — Often shortened

to ocean bill. [Cases: Shipping  106. C.J.S. Shipping §§ 256–257.] onboard bill of lading.A bill of lading reflecting that goods have been loaded onto a ship. • In

 

multimodal shipments, an onboard bill of lading may include goods loaded onto land vehicles also.

— Often shortened to onboard bill.

order bill of lading.A negotiable bill of lading stating that the goods are consigned to the

order of the person named in the bill. [Cases: Carriers  54. C.J.S. Carriers § 398.]

overseas bill of lading.A bill of lading used for overseas shipment by water or air. UCC § 2-323. • In air freight, an overseas bill of lading is called an air waybill. — Often shortened to overseas bill.

short-form bill of lading.A bill of lading that does not expressly contain all the terms of the transportation contract, but incorporates them by reference to another document, usu. one at the office of the carrier.

spent bill of lading.A negotiable bill of lading that is not produced, canceled, or surrendered

after the carrier has delivered the goods. — Often shortened to spent bill.

straight bill of lading.A nonnegotiable bill of lading that specifies a consignee to whom the carrier is contractually obligated to deliver the goods. • In some countries, including England, a document is not a bill of lading unless it is negotiable. — Also termed nonnegotiable bill of lading.

[Cases: Carriers  51. C.J.S. Carriers § 390.]

through bill of lading.A bill of lading by which a carrier agrees to transport goods to a designated destination, even though the carrier will have to use a connecting carrier for part of the passage. UCC § 7-302. — Often shortened to through bill. [Cases: Carriers  51. C.J.S. Carriers §

390.]

unclean bill of lading.A bill of lading that shows on its face that the goods were damaged or that there was a shortage of goods at the time of shipment. — Also termed claused bill of lading; foul bill of lading. Cf. clean bill of lading.[Blacks Law 8th]