A) Charter Party Contract vs. Carriage under a Bill of Lading:
Charter Party Contract:
- In a charter party contract, the entire vessel or a significant portion of it is hired by the charterer (person or company) for a specified period or voyage.
- The charterer assumes responsibility for operating the vessel, including crew, maintenance, fuel, and other expenses.
- The charterer has more control over the vessel's operations, loading, and unloading of cargo.
Carriage under a Bill of Lading:
- Carriage under a bill of lading refers to the transportation of goods by a carrier (shipping company) on a vessel they operate.
- The carrier is responsible for providing the vessel, crew, and handling the transportation logistics.
- A bill of lading is a contract of carriage between the shipper (person or company sending the goods) and the carrier, which outlines the terms and conditions of the shipment.
B) Road Transport Bill vs. Air Waybill:
Road Transport Bill:
- A road transport bill is a document issued by a road carrier (truck or freight company) to the shipper, acknowledging the receipt of goods for transportation.
- It serves as a contract of carriage, indicating the terms, conditions, and details of the shipment.
- The road transport bill is primarily used for domestic or land-based transportation.
Air Waybill:
- An air waybill is a document issued by an air carrier (airline or freight company) that acknowledges the receipt of goods for air transportation.
- It acts as a contract of carriage, outlining the terms, conditions, and details of the shipment.
- The air waybill is specifically used for air freight shipments, facilitating the movement of goods through the airline's network.
C) Negotiable Bill of Lading vs. Sea Waybill:
Negotiable Bill of Lading:
- A negotiable bill of lading is a document that represents ownership of goods and serves as evidence of the contract of carriage.
- It can be transferred to a third party through endorsement, allowing the transfer of ownership rights to the goods.
- The negotiable bill of lading enables the holder to claim the goods from the carrier upon arrival at the destination.
Sea Waybill:
- A sea waybill, also known as a non-negotiable bill of lading, is a document that acknowledges the receipt of goods for shipment by sea.
- Unlike a negotiable bill of lading, the sea waybill is not a document of title and does not provide ownership rights.
- The sea waybill is typically used when there is no requirement for the goods to be delivered to a specific named party, and it simplifies the process of cargo handling and delivery.