• Title/Summary/Keyword: Refuse to sign B/L

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Liability under the master to sign B/L issued on Chartered Ship (용선한 선박에 적재된 화물에 대해 발행된 선하증권의 서명에 따른 책임관계)

  • Kim, Sunok
    • Journal of Korea Port Economic Association
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    • v.29 no.1
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    • pp.47-66
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    • 2013
  • This article reviews some problems arises from signing by the master bills of lading issued on time chartered ship. The underlying purpose of time charters is generally for the charterers to have the services of the vessel in order to engage in the business of carriage of goods by sea, a business which is likely to involve the issue of bills of lading to shippers. Charterer under the charter have a right to issue B/L, thereby the master must sign bill of lading as presented, but may not vary the contract. Bills of lading signed by, or on behalf of the master, impose contractual liabilities upon the shipowner. Charterer have no right to ask the master to sign a bill of lading in any way deviating from the charterparty. If the shipowner suffers loss as a result of the master obeying any order about employment or agency, he will be entitled to an indemnity from the charterer. The master may refuse to sign bills of lading which contain some discrepancy such as a false statement and manifestly inconsistent with the requirements of the charterparty.