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Chapter 59. Contracts of Carriage by Rail and Motor Vehicle
II. Bills of Lading

There are essentially two types of bills of lading: nonnegotiable or straight bills of lading[FN92] and order[FN93] or,

under the Uniform Commercial Code, bearer[FN94] bills of lading, both of which are negotiable.

According to the federal Bills of Lading Act,

&quotA bill of lading is nonnegotiable if the bill states that the goods are to be delivered to a consignee.&quot[FN95]

The Uniform Commercial Code is to the same general effect.[FN96]

By contrast, order bills of lading, or, under the Uniform Commercial Code, order or bearer bills of lading, are negotiable.

Thus, the federal Act defines a negotiable bill of lading as one that runs to the order of a named consignee,
and that does not state on its face that it is nonnegotiable.[FN97]
The U.C.C. broadens this definition, specifying that a bill is negotiable if it provides by its terms that the goods covered by it
are to be delivered to the order of a named person or to bearer, and broadening the definition even further in overseas transactions.[FN98]

Although, as noted above, the only two broad types of bills of lading are those that are negotiable and those that are nonnegotiable,
both the federal Bills of Lading Act and the Uniform Commercial Code speak also to what might be termed &quotsubcategories&quot of such bills.
Thus, both enactments consider whether negotiable bills of lading may be issued in parts or sets, and both statutes ban the practice generally,
and specify the liability of a carrier for violating the ban.[FN99] The federal Act thus provides:
&quotA negotiable bill of lading issued in a State for the transportation of goods to a place in the 48 contiguous States or the District of Columbia
may not be issued in parts or sets. A common carrier issuing a bill in violation of this subsection is liable for damages for failure to deliver
the goods to a purchaser of one part for value in good faith even though the purchase occurred after the carrier delivered the goods
to a holder of one of the other parts.&quot[FN1]

By contrast, the U.C.C. provides that as a general rule, bills of lading may not be issued in a set of parts in domestic trade,
but recognizes that the practice of issuing such bills may be permissible in overseas trade.
The Code thus provides not only that the issuance of such bills is generally unlawful, but also specifies
the effect of the lawful issuance of such bills in overseas transportation.[FN2]
As the Comment explains, this is in accord with both the Hague and Warsaw Conventions and the federal Carriage of Goods by Sea Act. [FN3]

The federal Act and the U.C.C. also address the effect of a carrier issuing a duplicate negotiable bill of lading,
establishing a similar rule for such issuers as that set forth above for issuers of bills of lading in parts or in a set,
since the potential for mischief 爭端/不和 傷害 caused by a duplicate bill is essentially the same
as that which might be caused by bills issued in parts or in a set. Thus, the federal statute provides:
&quotWhen at least 2 negotiable bills of lading are issued in a State for the same goods to be transported to a place in the 48 contiguous States
or the District of Columbia, the word `duplicate` or another word indicating that the bill is not an original
must be put plainly 清楚/明顯地 on the face of each bill except the original. A common carrier violating this subsection is
liable for damages caused by the violation to a purchaser of the bill for value in good faith as an original bill
even though the purchase occurred after the carrier delivered the goods to the holder of the original bill.&quot[FN4]

The U.C.C. similarly provides for the bailee`s liability if it issues a duplicate bill,
though the Code is more explicit regarding the rights of the holder of the duplicate bill,
providing that such a holder acquires no right in the goods, but only an action against the issuer
that fails to note conspicuously 明顯地 that the bill is a duplicate.[FN5]
As the Comment points out, the U.C.C. treats duplicate bills the same as it treats any other overissue 濫發 of documents,
making clear that except as provide in the statute, a purchaser only acquires a cause of action against the bailee
whose conduct in issuing the bill made any deception possible.[FN6]

Both the federal Act and the Uniform Commercial Code make clear that if a bill of lading is nonnegotiable,
the indorsement on the bill by the consignee or other owner does not make the bill negotiable or give any transferee of the bill any additional rights.
[FN7] In order to avoid confusion, the federal statute provides that a common carrier issuing a nonnegotiable bill of lading
must indicate that the bill is not negotiable by placing the legend &quotnonnegotiable&quot or &quotnot negotiable&quot on the bill,
making clear, however, that this requirement does not apply to an informal memorandum or acknowledgement. [FN8]
## BAILEE[ba-`le]
: an individual or entity (as a business organization) having possession of another`s personal property under a bailment
Note: Carriers and warehouses are two examples of bailees. A bailee`s liability for loss or damage to property is determined
by the terms of the bailment or the law of the jurisdiction.

Finally, the federal Act provides that inserting the name of the person to be notified in a negotiable bill of lading
neither limits its negotiability nor operates as notice to any purchaser that the person named has any right to the goods.[FN9]
The code provides no similar rule; it does, however, provide that a nonnegotiable bill of lading
&quotis not made negotiable by a provision that the goods are to be delivered only against a written order signed by the same or another named person.&quot[FN10]
In addition, the Comment to this section provides in part: &quotA document of title is negotiable only if it satisfies this section.
`Deliverable on proper indorsement and surrender of this receipt` will not render a document negotiable.
Bailees often include such provisions as a means of insuring return of non-negotiable receipts for record purposes.
Such language may be regarded as insistence by the bailee upon a particular kind of receipt in connection with delivery of the goods... .
[A] document is not negotiable which provides for delivery to order or bearer only if written instructions to that effect are given
by a named person.&quot[FN11]


[FN92] 49 U.S.C.A. § 80101, Historical and Statutory Notes,
explaining that while the Federal Bills of Lading Act formerly used the term &quotstraight bill,&quot this was changed to the term
&quotnonnegotiable&quot for &quotclarity and consistency" the Uniform Commercial Code does not use the term &quotstraight bill of lading&quot at all,
preferring the term &quotnonnegotiable,&quot see Uniform Commercial Code § 7-104; however, the former terminology,
used for decades in business and the federal statute, has become part of business lexicon, and the term is still widely used despite its abandonment
in the statutes.

[FN93] 49 U.S.C.A. § 80101, Historical and Statutory Notes,
explaining that while the Federal Bills of Lading Act formerly used the term &quotorder bill,&quot this was changed to the term &quotnegotiable&quot for
&quotclarity and consistency" the Uniform Commercial Code does not use the term &quotorder bill of lading&quot at all,
preferring the term &quotnegotiable,&quot see Uniform Commercial Code § 7-104, which provides, as discussed in greater detail in the next note,
that a bill of lading is negotiable if the goods covered by it are to be delivered to the order of a named person.

Despite the change in terminology under the federal statute and in the U.C.C. from the prior uniform act,
the former terminology, used for decades in business and the federal statute, has become part of business lexicon, and the term is still widely used.

媽的,做翻譯真不是人干的呀!
三小時的工作成果.

媽的,做翻譯真不是人干的呀!
三小時的工作成果.