Transcription of The Carrier Must Get Paid—F or F - Scopelitis
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The Carrier Must Get Paid—F or F - Scopelitis
TTL April 2012, Vol. 13, No. 5 14 Introduction The bedrock rule of carriage cases is that .. the Carrier gets paid. 1 This article explores whether that rule is absolute, or whether the right to recover freight charges and the obligation to pay are not black and white. When seeking payment of freight charges, the Carrier poten-tially has three sources from which to seek payment: (1) the consignor who shipped the goods, (2) the consignee who received the goods, and/or (3) a bill to third-party, such as a broker.
Generally, the bill of lading deter-mines who is liable.5 A party’s bill of lading, however, can be modified by a prior written contract between the shipper and the carrier. If parties enter into a contract before preparing a bill of lading, and there is an irrec-oncilable difference between the two agreements, the prior written agree-
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