Commercial Law, 2012 Bar — Question 44

MULTIPLE CHOICE

X is a trader of school supplies in Calapan, Oriental Mindoro. To bring the school supplies to Calapan, it has to be transported by a vessel. Because there were so many passengers, the two (2) boxes of school supplies were loaded but the shipping company was not able to issue the Bill of Lading. So, on board, the Ship Captain issued instead a “shipping receipt" to X indicating the two (2) boxes of school supplies being part of the cargo of the vessel. Which phrase therefore, is the most accurate? A) The owner of the vessel is not liable because no bill of lading was issued to X hence, no contract of carriage was perfected. B) It is possible to have a contract of carriage of cargo even without a bill of lading, and the “shipping receipt" would be sufficient. C) The only acceptable docmnent of title is a Bill of Lading. D) None of the above.

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