Liability of third party on bill of lading - US COGSA


  • Date: 20/05/2010
  • Source: Holland & Knight

The U.S. Court of Appeals for the First Circuit ruled that a third party can be liable on a bill of lading based on its conduct. In the instant case, a cargo owner arranged for shipment of frozen fish and prepared a bill of lading naming itself as the shipper. The consignee orally agreed to pay to the carrier the applicable freight charges. The cargo was shipped and the consignee paid the freight charges. The cargo owner arranged a second shipment in the same manner and the consignee again agreed to pay the freight charges. The cargo was delivered, but the freight charges were not paid. The carrier brought suit against both the shipper and the consignee. The consignee contended that, because it was not named as a party on the bill of lading, it was exempt from liability under the Carriage of Goods at Sea Act (COGSA). The court held that COGSA only creates a presumption regarding liability, which can be overcome by evidence of the conduct of the parties. Eimskip, The Iceland Steamship Company, Ltd v. Atlantic Fish Market, Inc., No. 04-2168 (1st Cir., July 27, 2005).

Industry developments

Polar Shipping

Legal, navigational and environmental resources, news and updates on the development of polar shipping. Read more


US VRP Compliance

With effect from 30th January 2014 non-tank as well as tankships calling at US ports will be required to submit VRPs.  For Club and other resources to assist in compliance click here


International Environmental compliance

Environmental Compliance resource page collates material in respect of International environmental compliance issues affecting our Members. Information from the Club, Loss Prevention and external resources has been collated in one place for ease of reference.


MLC 2006

The Maritime Labour Convention enters into force in August 2013 - resources, news & advice on implementation can be found in this dedicated section.  READ MORE


International sanctions

Recent guidance & corresponding material in respect of international sanctions against various countries has been updated with respect to temporary easing of sanctions against Iran.  READ MORE


Piracy

Essential precautions and preparation against piracy, as well as additional information and resources, loss prevention advisories and useful external web links


Emergency Contacts


If you need to call our offices out of hours and at weekends, click After Office hours for a up to date list of the names of the Duty Executives and their mobile phone numbers. 

Ship Finder


This Ship Finder is updated on a daily basis. Members who need to advise the Club of updates to their recorded ships' details should advise their usual underwriting contact.