PART Ⅰ INTRODUCTION 1
1. INTRODUCTION 1
PART Ⅱ THE LEGAL STATUS OF THE FREIGHT FORWARDER 21
2. THE FORWARDER DISTINGUISHED FROM OTHER INTER-MEDIARIES 21
1.Introduction 21
2.The Carrier by Land 23
3. The Carrier by Sea 41
4. The Carrier by Air 44
5. The Loading Broker 46
6. The Ship's Agent 49
7. Customs Agent, Clearing and Landing Agent 51
8.Forwarder or Financier 58
9. The Courtier Maritime in the Civil Law 59
10.Conclusions 63
3. THE FORWARDER—HIS LEGAL STATUS 64
1. Introduction 64
2. At Common Law 66
3. The Contract of Commission in the Civil Law 86
4. Conclusions 114
4. GOVERNMENTAL REGULATION AND THE CONFLICT OF LAWS 117
1. Governmental Regulation . 117
2. Conflict of Laws 127
PART Ⅲ THE OBLIGATIONS OF A FORWARDER 127
5. THE FORWARDER'S LIABILITY IN NEGLIGENCE 133
1. Introduction 133
2. Comparison of the Duty of Care required of a Forwarder and other Intermediaries 135
3. The Forwarder's Liability for Negligence in Relation to the Contract of Carriage 139
4. The Forwarder's Liability for Negligence in Relation to the Landing and Clearance of Goods. 147
5. The Forwarder's Liability for Negligence in Relation to Loss in Transit. 151
6. The Effect of Trade Usage and Custom 170
7. General Conclusions . 174
6. THE FORWARDER'S LIABILITY IN RELATION TO CONVERSION 175
1. Conversion, Detinue and Negligence in Relation to Forwarding Operations. 175
2. The Forwarder's Duty to Obey the Instructions of the True Owner 181
3. Conversion and the Forwarder's Lien—Right of Indemnity 185
4. Contractual Provisions Relating to Liability in Conversion 188
5. Conclusion 190
7. THE LIABILITY OF TH-E FORWARDER FOR DELAY . 191
1. Introduction 191
2. Delay in Relation to Forwarding Operations 192
3. Delay in Relation to Inward Clearance 198
4. Contractual Provisions Relating to Delay. 199
5. Perishable Goods—Sale and Measure of Damages 202
6. Conclusion 206
8. OBLIGATIONS OF A FORWARDER IN RESPECT OF INSTRUC-TIONS RECEIVED 208
1. General Duties . 208
2. Ambiguous Instructions 211
3. Whose Instructions to Obey 214
4. Contractual Provisions 218
5. Conclusion 223
9. THE FORWARDING OF DANGEROUS GOODS . 224
1. The Position at Common Law. 224
2. Contractual Variations of the Common Law Rule 228
3. Through Carriage and the Convention for the Inter-national Carriage of Goods by Road 233
4. Conclusion 239
10. FINANCIAL LIMITATIONS ON THE FORWARDER'S LIABILITY 241
1. Introduction 241
2. Financial Limitation of the Forwarder's Liability 242
3. The Interpretation of Financial Limitation Clauses 252
4. Conclusion 259
11. THE LIABILITY OF THE FORWARDER FOR THIRD PARTIES 260
1. Introduction 260
2. The Forwarder's Liability for Carriage by Sea 261
3. The Forwarder's Liability for Carriage by Road 265
4. The Forwarder's Liability for Sub-Agents 295
5. Conclusions 301
12. CLAIMS AND ACTIONS 303
PART Ⅳ DOCUMENTS OF TITLE AND PAYMENT 303
13. THE FORWARDER IN RELATION TO BILLS OF LADING AND OTHER DOCUMENTS OF TITLE AND CARRIAGE 310
1. The Duties of the Forwarder in Relation to Docu-ments of Title 310
2. Documents Relating to the Forwarding and Carriage of Goods 326
3. Conclusions 353
14. THE FORWARDER'S RIGHT OF LIEN 356
1. Introduction 356
2. The Forwarder's Right of Lien at Common Law 359
3. Rights under the Civil Law 386
4. Conclusions 415
15. CHARGES 418
1. Methods of Charging 418
2. Liability of the Forwarder in Respect of Charges 426
3. The Forwarder's Right of Indemnity against his Principal 430
4. The Position of the Consignee . 433
5. Remuneration 437
6. Conclusions 439
PART Ⅴ THE FORWARDER IN RELATION TO ASSOCIATED COMMERCIAL TRANSACTIONS 439
16. THE CUSTOMS BROKER 440
1. Customs Broker and Forwarder. 440
2. Functions of the Customs Broker 441
3. Classification of the Customs Broker 446
16. THE CUSTOMS BROKER—continued4. Rights and Liabilities of the Customs Broker 450
5. Payment and Reimbursement of Customs Dues 459
6. Conclusions 467
17. THE FORWARDER AND INSURANCE 468
1. Introduction 468
2. Duties of a Forwarder in Relation to Insurance 470
3. Inadequacy of Cover 481
4. Methods of Effecting Insurance by a Forwarder for his Client 483
5. Provisions in Other Countries 489
6. Conclusions 499
APPENDIX 600
THE INSTITUTE OF FREIGHT FORWARDERS LTD. STANDARD TRADING CONDITIONS 1970 600
ROAD HAULAGE ASSOCIATION LTD. CONDITIONS OF CARRIAGE 1961 603
ROAD HAULAGE ASSOCIATION LTD. CONDITIONS OF CARRIAGE 1967 606
ROAD HAULAGE ASSOCIATION LTD. CONDITIONS OF SUB-CONTRACTING 1967 609
BRITISH ROAD SERVICES LTD. CONDITIONS OF CARRIAGE 1969 611
CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CAR-RIAGE OF GOODS BY ROAD (C.M.R.) 615
NEW YORK FOREIGN FREIGHT FORWARDERS AND BROKERS ASSOCIATION INC. TERMS AND CONDITIONS OF SERVICE 1970 628
DUTCH FORWARDING CONDITIONS 1956 630
NORTHERN FORWARDING CONDITIONS (SCANDINAVIA) 1959 637
FRENCH CONDITIONS G?N?RALES 641
BELGIAN CONDITIONS G?N?RALES 643
STANDARD CONDITIONS (1970) GOVERNING F.I.A.T.A. COMBINED TRANSPORT BILLS OF LADING. 653
Index 367