The Carrier Must Get Paid—F or F - Scopelitis
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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The Carrier Must Get Paid—F or F - Transportation
www.scopelitis.comThe shipper or consignee may raise the defense that the bill of lading terms do not apply because they have a prior written contract with the carrier. The parties are free to assign liability for payment of freight charges through a contract separate and different from the bill of lading.17 Such a contract may provide: (1) only the shipper is
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