Bills of Lading (Liability): Difference between revisions
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== | ==Bills of Lading Act (R.S.C., 1985, c. B-5)== | ||
1 This Act may be cited as the Bills of Lading Act. | |||
2 Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods therein mentioned passes on or by reason of the consignment or endorsement, has and is vested with all rights of action and is subject to all liabilities in respect of those goods as if the contract contained in the bill of lading had been made with himself. | |||
3 Nothing in this Act prejudices or affects | |||
::(a) any right of stoppage in transit; | |||
::(b) any right of an unpaid vendor under the Civil Code of the Province of Quebec; | |||
::(c) any right to claim freight against the original shipper or owner; or | |||
::(d) any liability of the consignee or endorsee by reason or in consequence of his being the consignee or endorsee, or of his receipt of the goods by reason or in consequence of the consignment or endorsement. | |||
4 Every bill of lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel or train, is conclusive evidence of the shipment as against the master or other person signing the bill of lading, notwithstanding that the goods or some part thereof may not have been shipped, unless the holder of the bill of lading has actual notice, at the time of receiving it, that the goods had not in fact been laden on board, or unless the bill of lading has a stipulation to the contrary, but the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fault of the shipper or of the holder, or of some person under whom the holder claims. | |||
<ref name="BLAC">Bills of Lading Act (R.S.C., 1985, c. B-5), <https://laws-lois.justice.gc.ca/eng/acts/b-5/page-1.html>, retrieved 2025-06-13</ref> | |||
==Mercantile Law Amendment Act, R.S.O. 1990, c. M.10== | |||
1. In this Act, | |||
::“bill of lading” includes all receipts for goods accompanied by an undertaking to transfer them from the place where they were received to some other place by any mode of carriage whatever, whether by land or water or partly by land and partly by water; (“connaissement”) | |||
::“goods” includes wares and merchandise; (“objets”) | |||
... | |||
<ref name="MLAA">Mercantile Law Amendment Act, R.S.O. 1990, c. M.10, <https://www.ontario.ca/laws/statute/90m10>, retrieved 2025-06-13</ref> | |||
==References== | ==References== | ||
Latest revision as of 19:50, 13 June 2025
| 🥷 Caselaw.Ninja, Riverview Group Publishing 2025 © | |
|---|---|
| Date Retrieved: | 2025-06-18 |
| CLNP Page ID: | 2509 |
| Page Categories: | [Contract Law] |
| Citation: | Bills of Lading (Liability), CLNP 2509, <https://rvt.link/fs>, retrieved on 2025-06-18 |
| Editor: | Sharvey |
| Last Updated: | 2025/06/13 |
Bills of Lading Act (R.S.C., 1985, c. B-5)
1 This Act may be cited as the Bills of Lading Act.
2 Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods therein mentioned passes on or by reason of the consignment or endorsement, has and is vested with all rights of action and is subject to all liabilities in respect of those goods as if the contract contained in the bill of lading had been made with himself.
3 Nothing in this Act prejudices or affects
- (a) any right of stoppage in transit;
- (b) any right of an unpaid vendor under the Civil Code of the Province of Quebec;
- (c) any right to claim freight against the original shipper or owner; or
- (d) any liability of the consignee or endorsee by reason or in consequence of his being the consignee or endorsee, or of his receipt of the goods by reason or in consequence of the consignment or endorsement.
4 Every bill of lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel or train, is conclusive evidence of the shipment as against the master or other person signing the bill of lading, notwithstanding that the goods or some part thereof may not have been shipped, unless the holder of the bill of lading has actual notice, at the time of receiving it, that the goods had not in fact been laden on board, or unless the bill of lading has a stipulation to the contrary, but the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fault of the shipper or of the holder, or of some person under whom the holder claims.
Mercantile Law Amendment Act, R.S.O. 1990, c. M.10
1. In this Act,
- “bill of lading” includes all receipts for goods accompanied by an undertaking to transfer them from the place where they were received to some other place by any mode of carriage whatever, whether by land or water or partly by land and partly by water; (“connaissement”)
- “goods” includes wares and merchandise; (“objets”)
...
References
- ↑ Bills of Lading Act (R.S.C., 1985, c. B-5), <https://laws-lois.justice.gc.ca/eng/acts/b-5/page-1.html>, retrieved 2025-06-13
- ↑ Mercantile Law Amendment Act, R.S.O. 1990, c. M.10, <https://www.ontario.ca/laws/statute/90m10>, retrieved 2025-06-13
