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CHAPTER 6 The bill of lading and property and title to the goods

Bills of Lading

Page 164


The bill of lading and property and title to the goods

(A) Introduction

6.1 The bill of lading is, under the common law, a document of title to goods. Rather confusingly, this does not, however, mean that its transfer necessarily confers title to the goods on its transferee. This chapter considers three areas: the bill of lading as a document of title to goods at common law; the effect of the retention or transfer of the bill of lading on the transfer of property in the goods covered by the bill; and the circumstances where, unusually, the transferee of a bill of lading may receive a better title to the goods than his transferor had.

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