A bailment is created when personal property is delivered (without title) under an agreement that the property be returned to the bailor or otherwise disposed of according to its owner???s directions. Bailments involving tangible items (jewelry, cattle, automobiles, etc.) are more frequent than bailments of intangible personal property (promissory notes, shares of stock, etc.).
A bill of lading is a special kind of bailment. Any commercial transaction may involve a shipment or storage of goods covered by a bill of lading, a warehouse receipt, or a delivery order. These documents of title are subject to Article 7 of the UCC. To be a document of title, a document ???must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee???s possession which are either identified or are fungible portions of an identified mass??? [UCC 7???102(1)(e)].
Massachusetts Request for Delivery of Goods in Absence of Bill of Lading; Offer of Bond
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How to fill out Request For Delivery Of Goods In Absence Of Bill Of Lading; Offer Of Bond?
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FAQ
The receiver can refuse a shipment if there is no clean bill of lading or a claused bill, which outlines damage to or missing quantities of goods in a shipment. Banks can refuse to advance funds if shipments come with a claused bill of lading.
In the absence of bill of lading, if a person wishes to take delivery of the goods, then he has to prove that he is entitled to the possession of the goods and there is a reasonable explanation for such absence.
The consequences of lost or damaged bills of lading can be very costly. If a bill of lading is lost, the shipper may have to pay a penalty to the carrier. If a bill of lading is damaged, the shipper may have to pay for the repairs.
Every carrier should carry a bill of lading showing, at a minimum, all of this information during a shipment.
If lost in transit, use your courier reference number to track the documents. This will pinpoint the location of your mail and if it was signed upon receipt. Contact your freight forwarder to inform them of the loss. Their thorough industry knowledge and experience will be an invaluable resource throughout.
The carrier is not justified in delivering the goods to a cargo unless the bill of lading is produced, even if the carrier knows that he is the owner of the goods. Besides legal reasons, there can be practical reasons for this rule.
