Description

A discussion on Professor Michael Bridge’s paper, ‘Documents of Title to Goods, Implied Contract and Attornment’.

Abstract

The process of rendering documents into an electronic format has been slow to gain momentum in the shipping world but there are increasing signs that electronic documents will replace bills of lading and similar marine documents, as well as a host of other documents used in trade to further the delivery of goods to a buyer, such as metal warrants and warehouse receipts. This article will not track the progress towards the adoption of dematerialised delivery documents developments but instead will build on the notion that the conversion of paper to electronic format now provides an opportunity to expand the overly narrow conception of what constitutes a document of title to goods or, to similar effect, the ways in which constructive delivery might be accomplished once a bailee issues documents in transferable form concerning the goods. Initiatives taken to recognise electronic documents do not necessarily entail any attempt to go further by giving them any greater legal effect than their paper equivalent and so receive no further consideration here.

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