n Tydskrif vir die Suid-Afrikaanse Reg - Of straight bills of lading and documents of title : regspraak

Volume 2005, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The bill of lading is a document of title, in addition to being a receipt and evidence of the terms of the contract of carriage (the decision par 37-38; Treitel 2003 608 609-610). In England an indication of this was given more than two hundred years ago in ((1787) 2 TR 63, 100 ER 35 (for a discussion of the ambit of the case see Du Toit (2000 thesis RAU) 92-97)) and in the Cape of Good Hope in 1875 in ((1875) 5 Buch 29 33-34).

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