New Act affects claims under bills of lading

Alan Peat THE SEA Transport Documents Act, which came into force on June 20, will impact significantly on claims under bills of lading, Mike Poseman of Adams & Adams told FTW this week. In this, he added, it remedied the defects of the English Bills of Lading Act of 1855 which was applied in SA until the new legislation. “It provides that the rights against, and obligations to, the person who issued the document - or the person who is responsible for the performance of the contract of carriage - will be transferred to the holder of a sea transport document. “This as if the holder were a party to a contract with that person on the terms of the document.” Also, Poseman added, the Act defines a sea transport document as a bill of lading; a through bill of lading; a combined transport bill of lading; a sea waybill - or any consignment note, combined transport document or other similar document - relating to the carriage of goods. “This either wholly or partly by sea and irrespective of whether it is transferable or negotiable.” However, Poseman stressed, the provisions relating to the transfer of rights and obligations only apply to a sea transport document that is transferable or negotiable.