Carriage of goods Lectures by: Researcher Dr. juris Ellen Eftestøl-Wilhelmsson Scandinavian Institute of Maritime Law/Oslo Intsitute of International Econmic Law/Katti

The lectures Four conventions Implementation, focus on maritime law International carriage of goods by sea, air, road or rail; contract law An overview of the different international transport regimes and their implementation in Finnish law Four conventions Implementation, focus on maritime law Chapter 13 of the Finnish Maritime Code The book: An outline of transport law – International rules in Swedish Context Scandinavian law

Structure of the lectures Based on the book Monday Transport law context Judicial framework Tuesday The contract of carriage The transport documents and their function Wednesday Carriers liability Custody liability Liability for performing the voyage Liability for delay

Structure of the lectures (2) Thursday MS Matilde – practical assignment Friday Assessing the compensation Carriage of goods performed by more than one carrier Successive carriage Multimodal carriage Procedure in case of mishape

Transport law context Complex, involving different modes of transport Transport industry crucial for trade Complex, involving different modes of transport Political sensitive Major player on the market Important to other parts of industry

Transport industry recognized as complex The industry offers undertakings of different character The transport services are sensitive to changes in commodity and goods flows Historically factors can not be ignored The international charcter of the transport

The common market transport policy A common market for transport services or a common transport policy? Art 70 EC – refers to a common transport policy Art 80.2 Excluded air and sea transports, but ECJ ruled that general rules of the EC-Treaty are applicable 1985 ruling condemned the Counsil for lack of action on the area of a common transport policy Inceasing activity since the1990-ies

Towards a green european transport policy? The development of a new sustainable and competitive European Transport Policy Problem: How to provide, in the most efficient manner, the services that are necessary for the contiued success for the single market while at the same time reduce the inefficiencies and imbalances of the system and safeguarding against the harmful effects that increased transport acitivity generates

What is transport law all about? Broad: law conserning different modes of transport Narrow; the relationship between the carrier and the transport customer/cargo owner Contracting Transport documents Carrier liability

Important questions in transport law The transport transaction is part of a complicated pattern Who are the parties to the contract? Transport is international in its character Legal basis in conventions Central parts are mandatory What legal regime is appblicable (choice of law/mode of transport) Regarding the liability The period of liability The base of liability The limitation of liability The procedure of claiming damages

Principles of transport law ? Different conventions Different modes of transport Is there a common ground? A factual view (Svante Johansson) Common principles Custody liability The goods are paying the freight Valuable goods not indemnified unless declared The carrier is not liable for the packing

Judicial framework CMI UNCITRAL Interntional conventions Nordic cooperation since 1876 Maritime law CMI UNCITRAL Rail COTIF 1999, Appendix B on carriage of goods Air Warsaw convention 1929 Monteral convention 1999 Road CMR 1956

The European Effort Opt out Strict liability with exceptions Working on a regional legal regime on intermodal transport Opt out Strict liability with exceptions Avaiting the Rotterdam Rules

Finnish/Nordic legislation based on international conventions How to implement a convention Signature/ratification not always enough Automatic standing incorporation or legislative incorporation Finland (and Nordic countries) legislative incorporation

The most important conventions Maritime law Hague Rules 1924 Hague Visby Rles 1968 Hamburg rules 1978 Rail - CIM (COTIF 1999, Appendix B) Air - MC (Montreal Convention) 1999 Road - CMR 1956

The Finnish legislation International carriage is convention based Road/Rail/Air – not transelated Maritime law The Finnish Maritime code, chapter 13 ”The convention”: The Hague Visby-convention Section 13-1, number 6 But: also the Hamburg convention, when not divergin in substanse

The application of mandatory rules Why we have mandatory rules Harmonising effect Minimum standard of carrier`s liability Applicable for rules on liability, notice of claim, limitation of action and jurisdiction Interpreting conventional based legislation

Contracts of carriage All conventions regulate transport of goods A contract to perform transportation services by ship or other modes of transport Sea transport: Liner trade, general cargo carriage Carriage of goods from one port to another. Often contracts with several cargo owners The contracts: Bill of lading or sea way bill Maritime Code ”Contracts of carriage”, Chapter 13 Voyage charters, quantity contracts and time charters A ship is contracted out on a voyage or time charter. The charterer takes care of the commercial management. The contracts: Voyage or time charterpary Maritime Code ”Chartering of vessels”, Chapter 14 Other modes of transport All conventions regulate transport of goods Emnet for denne foreleseningsserien er stykkgodsbefraktning. Som ordlyden tyder på er det snakk om transport av gods - varer, fysiske gjenstander.Rederen kan selvsagt bruke skipet til transport av sine egne varer, men det vanligste er at han utfører transport for andre. En avtale om å utföre transport med skip eller å stille et skips transportkapasistet til rådighet kalles en fraktavtale. Blant fraktavtalene sondres det vanligvis mellom stykkgodsbefraktning og certepartibefraktning. Ved stykkgodsbefraktning er det vanlig at skipet går i linjefart fra hamn A til hamn B og rederen eller transportören tar imot gods fra flere ulikere sendere mot et fraktvederlag.Det vanlig er at linjen også besörger lassing og lossing. Transportören eller rederen har her selv både den nautiske (har hånd om skipet, utrustningen og mannskapet) og den kommersielle ledelse (bestemmer hva slag last, hvor og når det skal transporteres) Ved certepartiebefraktning - tids- og reisecertepartier har transportören fremdelse den nautiske ledelsen, men han har overlatt den kommersielle ledelsen til bortfrakteren. Bortfrakteren (eieren/rederen) har her oftest bare en kontraktspart – berfrakteren, og feks i tidsbefraktning beregnes vederlaget etter den tid skipet står til befrakterens disposisjon. Bestemmelsene om befraktning finnes i sjølovens del IV: Fraktavtaler. Kapittel 13 gjelder stykkgodsbefraktning og i kapittel 14 reguleres befraktning av skip – tids og reisecertepartiene. I denne forelsningsserien er det bestemmelsene om stykkgodsbefraktning som skal gjennomgås. Vi skal altså konsenterer oss om bestemmeslen i sjölovens kap 13. Når det gjelder dokumenten som benyttes ved sjötransport, er det särlig konnossementet og sjöfraktbrevet vi skal konsenterer oss om. .

The parties in the contract of carriage Contracts of Affreightment, FMC 13-1§ Carrier Contracting shipper/Sender Shipper/Actual shipper The underlying sale INCOTERMS Road: Carrier/Sender (implied in CMR) Rail: Carrier/Consignor CMI art 3 Air:Carrier/Consignor (implied in MC) Sjölovens kap 13 innleder med å gi en rekke legaldefinisjoner som det gjelder å läre seg, for et av kjennetegnene ved transportavtaler til sjös er at det kan väre dels snakk om mange parter og dels snakk om mange ulike dokumenter. I tillegg benytte ulike betegnelse på partene i en avtale om stykkgodsbefraktning og på partene under et certeparti. Da sjöloven ble endret i 1994 vurderte man hvorvidt det var nödvendig å innta en d efininsjon av begrepet sjötransportavtale. Dette ble ansett unödvendig da hva en transportavtale er fremgår av definisjonen av partene i avtalen; transportör og sender. (Definert i Hamburgkonvensjonen) Partene i en avtale om stykkgodsbefraktning heter i fölge sjölovens § 251 ”transportör” og ”sender”. Transportören behöver ikke väre reder eller eier av skipet, men blott den som ”inngår avtale med en sender om transport av stykkgods til sjös” Behöver ikke utföre dette selv – undertransportör. (i certepartiene – bortfrakter se § 321) Sender er navnet på den som inngår befraktningsavtalen med en transportör. Dette kan både väre vareselger og – kjöper, avhengig av den underliggende kjöprettslige avtalen, derfor er det bra å ha en egen betegnelse på den som inngår transportavtalen. Begrepene ”transportör” og ”sender” angir altså partene i transportkontrakten. Transportören avgir transportlöftet og senderen er mottager av dette löftet. (Under et certeparti snakker vi om befrakter – reisebefrakter se §§ 321 og 328) Avlaster – foruten partene i avtalen (transportör og sender) vil det väre flere andre som kan ha befatning med fraktavtalen. Den som faktisk leverer den omkontraktherte lasten til skipet” den som levere godset til transport” kalles avlaster. Det behöver ikke väre selger, det kan også väre kjöperen. Dette er avhenger av hva partene har avtalt. Skal lasten leveres fob eller cif ? SJEKK

The parties and others The actual shipper; not part of the contract of affrightment The FMC code establishes a quasi-contractual relationship Has certain liabilities in relation to the carrier May claim Bill of Lading, FMC 13-44§ Responsible for the accuracy of the statements relating to the goods entered in the bill of lading, FMC 13-51§ The receiver, not party to the contract Not mentioned in FMC 13-1§ Might step into the contract depending of the wording of the Bill of Lading The sub contractor (actual carrier) Is liable for the transport performed by him FMC 13-36§ contracting carrier is still liable (vicarious liability)

The parties and others Rail carriage - CIM art 26; Successive carriage Every carrier liable for the entire route Air carriage – MC art 30-40 Contracting carrier is liable for the carriage which it performs Road carriage – CMR art 34 Principle of collective responsibility for carriers is recognised

The freight documents Sea Road Rail Air Issued as evidence of the contract of carriage and a receipt of receiving the cargo Sea Bill of lading (negotiable) FMC 13-42 Sea way bill (not negotiable) FMC 13-58 Road Consignment note CMR art. 4. Rail Consignment note CIM art 6-7 Air Airway bill MC art 5 and 7 The freight documents: Acknowledgement that goods of a certain nature and quantity have been received (receipt) A promise to transport the goods A document of title (only the person in possession of the bill of lading can obtain delivery) Page 259

The Bill of Lading - negotiable Signed by the carrier Evidence of transport agreement between the line and the cargo owner Booking note Delivered without any formal preliminary contact Document of title Gives the holder A right to dispose over the goods during transit A right to take delivery at destination The buyer can pay the purchased price in exchange

The Bill of Lading Hamburg ruels and in FMC 13-42§§ Used in sea carriage Issued on demand of the actual shipper FMC 13-44§ The content is regulated in FMC 13-46§ The nature of the goods, marks for identification, nubmer of packages etc – all as furnished by the shopper The back of the BoL might contain the terms of the carriage

Other modes of transport: Consignments notes and air waybills Evidence that the carrier has received the goods Evidence of a contract carrige – including a promise to deliver the goods at their destination Not negotiable – No document of title The document is not a symbol of the goods Rail – CIM art 7 Road - CMR art 5 and 6 Air – MC art 7

To what extent are the rules mandatory? The rules are mandatory, but the carrier can take on more stringent liability FMC 13-4, second para Same for other modes, except road CMR art 2

Contractual liability for damage, loss or delay Contract of affrightment Sender Carrier Damaged, lost, delayed goods Sales Contract Receiver SjSJø FMC 13-24§§

The main rule on liability; FMC 13-25 § FMC 13-25 § : Negligence with a reversed burden of proof FMC 13-26 § : Exemptions (only in maritime law) 1) Fault or negclect in the navigation of the ship or 2) Fire FMC 13-25 §, second paragraph: not if ”initial unseaworthiness”

Non-maritime carriage Road/Rail Strict liability CMR art 18.1/CIM art 23 §1 Relieved in particular situations CMR art 18. 2-3 and CIMart 23 §2- Presumption of non-liability if special risks (open conveyances, loading by consignor, unloading by consignee, carriage of live animals) CIM 24.2 and CMR 18.4-5 Air Strict liability MC art 18 Exception for a very few force majeure events

Liability for loss, damaged or delayed goods: FMC 13-25 § The cargo owner must prove; That the goods have been damaged while in the carrier´s custody That he has suffered economic loss The carrier must prove himself innocent That the damage is not a result of his own or any of his servants or representatives fault or negligence In practical terms: How the damage actually occurred That neither he nor his servants were negligent NOTE! A burden of proof assumes the availability of evidence. .

What must the carrier or his servants do to avoid being branded as negligent? Breach of public regulations? Has the carrier enough knowledge? Not perfect – but reasonable fitness The cargo owner must give the carrier necessary information Not only the particular goods but also the type of voyage Previous experience

The period of care, FMC 13-24 § While the goods are in his or her custody instead of ”tackle to tackle” At the port of loading (2. para) From the carrier receives the goods At the port of discharge (3. para) until the goods are : Delivered to the receiver/consignee Warehoused on the account of the receiver/consignee Delivered to any authority according to law

Vicarious liability Identification or privity The neglect of servants is considered the fault of the carrier. Vicarious liability is only presupposed in the code FMC 13-25 § Establishes pre-conditions for identification Includes more than those directly employed by the carrier Harbour workers? Yes Shipyard employees and inspectors ? see FMC 13-26§

Exemption from liability, FMC 13-26 § Who's fault or neglect? Haag/Visby – Hamburg Exemptions a & b kept, ” Fault or neglect in the navigation or management of the ship” Who's fault or neglect is exempted? Only fault/neglect committed by master, crew pilot or any other person performing work in the vessels service. No need to be employed by the owner Not owners own fault, or the fault of senior management What if the ship owner and the master are the same person?

Exemption for navigational errors. What is included? Navigation of the vessel Steering and manoeuvring, response to signals etc. Management of the ship The ship's condition, manning and equipment Borderline cases Was the act or omission primarily in the interest of the cargo or the ship?

Exemption for fire FMC 13-26 (2) § What fires are included in the exemption? Fires caused by persons for whom the carrier is responsible fires caused by negligent smoking by the crew (not liable) Not fires caused by owner own fault, or the fault of senior management personnel (owner´s privity) Fires due to inadequate fire procedures (liable) What is a fire? Open flame Smouldering? Possible

Unseaworhtiness and the exemptions in 13-26 first para no. (1) and no The exemptions do not apply when the damage, loss or delay is connected with initial unseaworthiness. The ship being unseaworthy at the commencement of the voyage The carrier, or someone for whom he is responsible, has not exercised due diligence to make the ship seaworthy

Seaworthiness Narrow sense; technical What is seaworthiness? Narrow sense; technical Must be able to perform the voyage without endangering human life Broad sense; in relation to the cargo/ cargoworthyness The cargo can be expected to reach its destination undamaged. The rule is only applicable to initial unseaworthiness Gorgonzola & chocolate

Special risks in sea transport Deck cargo FMC 13-13§ Must be in accordance with a particular right Contract of carriage, custom of the trade, statutory rules Loss or damage; ordinary rules on liability (Negligence with a reversed burden of proof FMC 13-25§§) Unit limitations applicable Unlawful loading on deck (no legal base) Special rules on liability in FMC 13-34§, Strict liability Loading on deck despite otherwise agreed FMC 13-34§ second para: Unit limitation rules can not be invoked

Special risks in sea transport Live animals FMC 13-27§ Liable under the ordinary rules (§275) Not liable for special risks associated with such carriage FMC 13-27§

Dangerous cargo – regulated in all modes Cargo, inherently dangerous Definition is difficult More than everyday risk The International Maritime Dangerous Goods (IMDG) Code Developed as a uniform international code for the transport of dangerous goods by sea covering such matters as packing, container traffic and stowage, with particular reference to the segregation of incompatible substances. Lists of dangerous cargoes issued by United Nations Committee of Experts on the Transport of dangerous goods Explosives Gases Flammable liquids etc Veiledning FOR 1987-05-21 nr 406: Forskrift om transport på skip av spesielle eller farlige laster i bulk eller som pakket gods Forskrift om frakt av farlig last på lasteskip og lektere. Fastsatt av Sjøfartsdirektoratet 29. juni 2006

Senders duty of disclosure FMC 13-7 The sender/contracting shipper has a duty of disclosure; The sender will be liable if the actual shipper fails to mark the goods and inform the carrier The goods must be marked as dangerous Reasonable notice must be given to the carrier All relevant information must be given FMC, 13-7§ Rail, CIM art 7 h and art 9 Road, CMR art 22 Air, document relating to the nature of the cargo MC art 6. dangerous cargo not allowed

The contracting shippers liability in damages FMC 13-40§ General rule: not liable for damages unless fault or neglect FMC 13-41 Dangerous goods

When the sender has not fulfilled his duty to inform FMC 13-41§ The carrier may refuse to take dangerous goods on board (breach of contract) If on board: may discharge the goods or destroy them or render them innocuous Not applicable when the carrier knows the cargo is dangerous Except: Special rule on saving life and property – no obligation to pay damages; An imminent risk which is about to materialise itself in damage

Strict liability on the contracting shipper/sender FMC 13-41§ imposes strict liability on the sender When the cargo is delivered without information about dangerous characteristics or Without information about necessary safety measures Pre-condition: The carrier must not have had actual knowledge Covers both (and only) carrier and sub-carrier

Liability for delay The goods are damaged or destroyed The loss: The goods are damaged or destroyed Liability is regulated in FMC 13-25§ The goods are ok, but market conditions have changed (Christmas decoration in January) Liability is regulated in FMC 13-28§ When is there a delay? Starting point: FMC 13-12§ ”carried out with due despatch” (care) FMC 13-28§ gives further guidelines: Agreed delivery Within the time which is reasonable to demand of a prudent carrier in the circumstances No delivery? 60 days – total loss

Deviation Traditionally; serious breach of contract Today; has the carrier chosen a reasonable voyage plan FMC 13-12§ and is the cargo at destination within a reasonable time FMC 13-25§ second paragraph: the carrier has a right to take measures to save human life or reasonable measures to save ships or other property at sea.

Calculation of damages The ordinary starting point (economic loss) does not apply Standardised loss rule in FMC 13-29§ Value of the goods Exchange price, market price or current value of same goods What about indirect or consequential damages? has been accepted in arbitration practice, but no general rule

The unit limitation rules FMC 13-30§ 667 SDR for each lost or damaged unit or 2 SDR per kilogram damaged or lost goods SDR – Special Drawing Right (Chp 23 sec 2) What is a unit ? FMC 13-31; container, pallet or other transport device The text of the bill of lading is determinative The limit of liability which results in the highest liability shall be applied NOTE! The rules on liability does not apply where the carrier himself caused damage wilfully or through gross negligence FMC 13-33§

Notice and period of limitation Notice of damage or loss FMC 13-38§ When the cargo is delivered Immediately and written (1. sentence) Or, if not apparent, three days after delivery (2.sentence) Joint Inspection No written notice needed (13-28§ sec. para) Notice of loss in consequence of delay 60 days 13-28§, 3. para Period of limitation- one year

Introduction - the bill of lading Liability under the rules relating to bills of lading Liability for wrongful delivery distinct type of liability, (§§ 13-52,13-42) Mis-description liability (FMC 13-50§) No right of limitation shall apply (13-50,1.para, 2. sentence) Implied transport liability (FMC13-49 third para)

The underlying sale and the bill of lading Distance sale The goods and the payment cannot be exchanged simultaneously The buyer cannot inspect the goods The bill of lading provides a description of the goods The value of the description hinges to a large extent on the legal rules associated with it.

The content of a bill of lading (FMC 13-42§) What should a bill of lading contain? FMC 13-42§ requires that the document contains: - evidence of an agreement of carriage by sea - evidence that the sender has received or loaded the cargo” - the words ”bill of lading” or make it apparent that delivery will only take place on presentation of the bill

The content of a bill of lading (FMC 13-46, 1. paragraph) First paragraph no. 1 -the nature of the goods - their dangerous properties - the necessary identification marks - the number of packages or pieces and - the weight All as stated by the shipper First paragraph no 2 - the apparent condition of the goods and packaging If this is missing, in apparent good order and condition, 13-49, 1 para, 2 sentence First paragraph no 3 - 13

The content of a bill of lading (13-46§, second and third para) Shipped billl of lading must contain: Nationality and name of the ship Place of loading and the date when the loading was completed The bill of lading must be signed By the carrier or someone on his behalf The master, FMC 6-8§; ”principal” (owner)/ Here: FMC 13-45§; ”carrier” By someone who has been given the authority An agent

What if some information is missing? FMC 13-47§; still a bill of lading if the conditions in FMC 13-42§ is fulfilled Must be named bill of lading or Indicate that the goods only will be delivered against presentation of the document

Carrier's duty to check that the information in the bill of lading is correct FMC section 13-48, first sentence The carrier shall to a reasonable extent check the accuracy of the information on the goods entered in a bill of lading, sec 46 para1,1. FMC section 13-48, second sentence ; must make a reservation Reasonable grounds for doubting or Not had reasonable opportunity to check § 299 third paragraph, second sentence; notation Must state expressly that the information is incorrect

How detailed information? Hamburg rules (art 16.1) ”must insert … a reservation specifying these inaccuracies, grounds of suspicion or the absence of reasonable means of checking” Nordic legislation is not based on this rule According to previous case law, sufficient to take a reservation ”weight unknown”

The carrier's liability for information in the bill of lading Designed to protect individuals who rely in good faith on the information in the bill of lading How far should the protection extend? Is it enough that there is a gap between the information and the actual conditions of the goods? Or do we need some culpable conduct causing the information to be misleading? How should the damages be assessed in monetary terms? Expectation interest (put in the situation as if the goods matched the description) Reliance interest (put in the situation as if he had been actually informed) Solution: Section 13-49 and 13-50 different liability regimes

Implied transport liability,13-49§, third paragraph Only relevant when a third party has acquired the bill of lading in good faith relying on the accuracy of the statement in it Then evidence on the contrary shall not be admissible

Implied transport liability, cont. The third party must have paid the purchase price in exchange for the document Or it is used as a negotiable document in international trade A bank has acquired the bill of lading in connection with a letter of credits obligation Or otherwise has extended credit using the bill of lading as security The bill of lading is conclusive evidence of the condition and quantity of the goods at the commencement of carriage Any difference between the description in the bill of lading and the conditions of the goods at delivery is treated as damage arising during transport

Implied transport liability, cont. The basis of liability is FMC 13-25§; negligence with a reversed burden of proof Exculpating evidence is not allowed (13-49, 3 paragraph) The liability is unconditional Quantum The ordinary rules on cargo damage apply

Liability for incorrect description, 13-50§ Protects a third party who has acquired the document relying on the accuracy of the information provided Basis for liability; 13-50§ ”the carrier realised or ought to have realised” – not strict liability That the information was objectively incorrect That the information was likely to mislead a third party

The scope of the carriers liability The holder of the bill of lading must receive compensation for losses suffered due to his reliance on the bill of lading As if correct information was given (reliance interest) Not defined as ordinary carrier of transport liability Thus the unit limitation does not apply

Situations covered by both13-49 and 13-50 The cargo owner can choose which set of rules to apply

Shipper's liability to carrier The Shipper: Provides information as described in § 296 paragraph 1 no. 1 The Carrier will be held liable for this information thus; Strict liability for information provided by the shipper, § 301 paragraph no 1

Fraud ”good order and condition” otherwise The shipper needs a clean bill of lading ”good order and condition” otherwise Difficulty to sell the goods – negotiating the bill of lading Back letters/letter of indemnity The back letters can not be invoked in a court of law in the case of fraud, § 301, second paragraph The cargo owner will have a claim both against the carrier and the shipper The cargo owner is entitled to be informed about possible back letters (§ 300)

How to obtain delivery of cargo The receiver must be authorised §§ 292, 1. para no 2, 303 and 304 Who is authorised ? Be expressly stated in the bill of lading (§ 302 1. first para, first alternative) or A series of endorsements are leading to the person demanding delivery ( § 302 1. para, second alternative) or There is an endorsement in blank /without naming the consignee (§ 302 1. para, third alternative) and Presents the bill of lading The carrier must act bona fides; if he knows that the receiver is not authorised to demand delivery he cannot deliver the goods

Liability for wrongful delivery The cargo should only be delivered against presentation of the bill of lading What if an old customer provides a trustworthy explanation? And a bill of lading holder appears subsequently? The carrier will be subject to unlimited liability and his insurance will not help him. Often he will require a guarantee from the receiver Other documentary solutions may be possible – sea way bill

Sea waybills (§§ 308-309) Not negotiable documents The presentation of the original document is not a pre-condition for delivery Evidence of a contract of carriage Acknowledges that the goods have been received Contains an undertaking by the carrier to deliver the goods to the consignee named in the document

The content of a sea waybill, Pre-conditions in § 309 Information about the goods The name of the sender, consignee and the carrier The terms of the carriage The freight and other expenses According to the preparatory work The place of shipment and delivery Whether the goods can or shall be loaded on deck Exceptions are accepted The sea waybill shall be signed (§ 309 and the reference to § 296 third paragraph)

The carrier's duty to inspect the cargo MC § 309, 1.paragraph, 2. sentence – see § 298 Regarding the information mentioned in § 296 first paragraph no 1 And information on the condition of the goods and the packing

What are the consequences of issuing a sea waybill? The waybill must specify the consignee The sender still may instruct the carrier to deliver to another party But not when the consignee has asserted his right to the goods (demanded delivery) It is evidence of the contract of carriage and of receipt of the goods as described § 309 second paragraph The shipper may demand a bill of lading (§ 308 third paragraph - § 294) Not if the sender has waived his right to change consignee.

Liability for wrongful delivery Who appears entitled to the goods pursuant to the text of the sea waybill Can be uncertainty as to the party's identity Change of consignee Oral or written notice must be given to the carrier prior to the time limit in § 308 second paragraph In sufficient time for the carrier

When are sea waybills issued and whom are they issued to? Custom of the trade decides choice of document The sender has the right to demand a sea waybill but must accept that the shipper receives it directly from the carrier