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Encyclopedia > Consignee
This article may be too technical for most readers to understand. Please expand it to make it accessible to non-experts, without removing the technical details.

In a contract of carriage, the consignee is the person to whom the shipment is to be delivered whether by land, sea or air. A contract is any legally-enforceable promise or set of promises made between parties. ... Tourists in a vis-a-vis, Prague The classic definition of a carriage is a four-wheeled horse-drawn private passenger vehicle with leaf springs (elliptical springs in the 19th century) or leather strapping for suspension, whether light, smart and fast or large and comfortable. ... For the internet phenomenon of involvement with fictional romance, see Shipping (fandom). ... Sunset at sea Look up Sea on Wiktionary, the free dictionary Look up maritime in Wiktionary, the free dictionary. ... Air is a name for the mixture of gases present in the Earths atmosphere. ...


A brief statement of law

This is a difficult area of law in that it regulates the mass transportation industry which cannot always guarantee arrival on time or that goods will not be damaged in the course of transit. A further two problems are that unpaid consignors or freight carriers may wish to hold goods until payment is made, and fraudulent individuals may seek to take delivery in place of the legitimate consignees. The key to resolving such disputes lies in the documentation. The standard form of contract is a bill of lading which, in international shipping law, is simply a contract for the carriage of goods entered into between the shipper and the carrier that is not a charter party. It is always a term of that contract that the carrier must deliver the goods to a specific receiver. Critical legal studies Jurisprudence Law (principle) Legal research Letter versus Spirit List of legal abbreviations Legal code Pointless law Natural justice Natural law Philosophy of law Religious law External links Wikibooks Wikiversity has more about this subject: School of Law Look up law in Wiktionary, the free dictionary. ... Good. ... Cargo is a term used to denotes goods or produce being transported generally for commercial gain, usually on a ship, plane, train or lorry. ... In the broadest sense a fraud is any crime (or civil wrong) for gain that utilises some deception practiced on the victim as its principal method. ... Legitimacy is the popular acceptance of a governing regime or law. ... In general terms, documentation is any communicable material (such as text, video, audio, etc. ... A bill of lading is a document issued by a carrier acknowledging the receipt of specified goods for conveyance to a named place for delivery to the consignee. ...


Documentation and legal requirements for delivery

A straight bill of lading by land or sea, or air waybill are not documents of title to the goods they represent. They do no more than require delivery of the goods to the named consignee and (subject to the shipper's ability to redirect the goods) to no other. This differs from an "order" or "bearer" bill of lading which are possessory title documents and negotiable, i.e. they can be endorsed and so transfer the right to take delivery to the last endorsee. This aspect of shipping law is regulated by the Hague Rules, and the laws of individual countries, e.g. the U.K. Carriage of Goods by Sea Act 1992 and the U.S. Pomerene Act 1916. There is some international dispute as to whether the consignee on a straight bill must produce the bill in order to take delivery. The U.S. position is that the person taking delivery must prove his or her identity but, as in Hong Kong, there is no need to present the bill itself. In the U.K. there are conflicting obiter dicta in "The Rafaela S" [2003] 2 Lloyd's Rep. 113 and "The Happy Ranger" [2002] 2 AER (Comm) 23, so the matter must remain unclear even though there are serious problems, for example, arising from the everyday occurrence of cargo being discharged against letters of indemnity when original bills of lading are not yet available to be presented at the discharge port. A waybill is a document issued by a carrier giving details and instructions relating to the shipment of a consignment of goods. ... In law, the term dicta is used to refer to a judges statement of legal opinion that is not directly relevant to the case being heard. ... Cargo is a term used to denotes goods or produce being transported generally for commercial gain, usually on a ship, plane, train or lorry. ... Seaport, a painting by Claude Lorrain, 1638 A port is a facility at the edge of an ocean, river, or lake for receiving ships and transferring cargo and persons to them. ...


Consignee rights

The rights of the consignee under an air waybill are regulated by the Warsaw Convention for the Unification of Certain Rules for International Carriage by Air, 1929 and the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 and the relevant state laws (which may be one law chosen as the proper law by the parties, or any combination of laws representing the seller, buyer, consignor, and carrier. The Warsaw Convention is an international convention which regulates liability for air carriers going across international boundaries. ... The Montreal Convention is a treaty adopted by a meeting of ICAO member states in 1999. ...


  Results from FactBites:
 
Roadway Express, Inc. (2967 words)
When damage to contents of a shipping container is discovered by the consignee which could not have been determined at time of delivery, it must be reported by the consignee to the delivering carrier upon discovery and a request for inspection by the carrier's representative made.
Consignee's inspection, in such case, will be considered as the carrier's inspection and will not jeopardize any recovery the consignee is due based on the facts contained in the report.
If there is doubt of carrier liability, the carrier will so advise consignee; in which event the consignee may hold the merchandise until liability of carrier is determined, or may dispose of it so as to mitigate the damage, and may file claim for such damage.
Selling by Consignment (2215 words)
The consignee may be holding the goods for a trial period to determine whether the consignee needs them and will purchase them.
The consignee's creditors may be induced to extend credit to the consignee in reliance upon the consigned goods that the consignee holds for resale.
Where the consignee has an existing secured creditor with a perfected security interest in all of the consignee's inventory, the consignor has an additional hurdle to overcome to protect its interest in the consigned goods.
  More results at FactBites »


 
 

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