📘 Law Relating to Bills of Lading, Charterparties and Contract of Affreightment
✒️ Author: B. C. Mitra
📆 Edition: 5th (2018)
🌐 Language: English
🏢 Publisher: Lexis Nexis
Law Relating to Bills of Lading, Charterparties and Contract of Affreightment by B. C. Mitra stands as one of the most authoritative and comprehensive works on maritime and shipping law in India. Now in its 5th Edition (2018), this classic treatise continues to serve as a vital reference for lawyers, shipping professionals, maritime authorities, and academics dealing with the intricate legalities of contracts for carriage of goods by sea.
The book systematically covers the law of carriage of goods by sea, focusing on the three central instruments governing such transactions—Bills of Lading, Charterparties, and Contracts of Affreightment—and provides an in-depth analysis of their formation, execution, obligations, and liabilities under both Indian and international maritime law.
⚓ Key Features of the 5th Edition (2018):
Comprehensive Coverage:
A detailed examination of Bills of Lading, Charterparties, and Contracts of Affreightment, highlighting their legal nature, formation, and enforcement under Indian law and international conventions such as the Hague-Visby Rules and the Hamburg Rules.Updated with Latest Judicial Pronouncements:
The edition incorporates important judgments from the Supreme Court of India, High Courts, and leading English courts, ensuring contemporary relevance and accurate interpretation of maritime principles.Practical Perspective:
Discusses real-world issues such as cargo damage claims, demurrage and dispatch, deviation and delay, seaworthiness, freight disputes, and limitation of liability, supported by case law and commercial practice illustrations.Interplay with Modern Legislation:
Explains how maritime contracts interact with the Carriage of Goods by Sea Act, 1925, the Indian Bills of Lading Act, 1856, and related provisions of the Indian Contract Act, 1872, and Merchant Shipping Act, 1958.Focus on International Trade and Commerce:
Provides valuable insights into international conventions and case law, clarifying how they influence Indian maritime law and global shipping transactions.
⚖️ Detailed Commentary Includes:
Bills of Lading:
Nature, functions, and types of bills of lading (order, bearer, and straight bills).
Legal implications as a receipt, evidence of contract, and document of title.
Endorsement and transfer of rights of consignees, shippers, and holders.
Liability of carriers for loss, damage, or delay under statutory and contractual frameworks.
Charterparties:
Distinction between voyage, time, and demise (bareboat) charterparties.
Rights and obligations of owners and charterers.
Key clauses—laytime, demurrage, off-hire, deviation, freight, and safe port warranties.
Dispute resolution, arbitration clauses, and breach consequences.
Contract of Affreightment:
Nature of long-term carriage agreements and how they differ from charterparties.
Interpretation of performance clauses and damages for non-performance.
Practical guidance on documentation and enforcement of freight agreements.
⚓ Distinctive Qualities:
Balanced Blend of Theory and Practice:
Mitra’s work bridges the gap between academic rigor and industry practicality, making it equally valuable for scholars and practitioners.Comparative Analysis:
Examines the English common law principles alongside Indian maritime practice, providing readers with a comparative understanding of global standards.Inclusion of Case Law Digests:
Each topic is supported by concise summaries of significant rulings that have shaped maritime jurisprudence, ensuring that readers gain both conceptual clarity and litigation insight.Commercial Relevance:
Addresses modern challenges such as electronic bills of lading, multimodal transport, and the role of incoterms in determining risk and liability.
⚖️ Utility for Readers:
For Legal Practitioners:
A reliable reference for handling maritime disputes, arbitration, insurance claims, and contract interpretation.For Shipping Professionals:
Explains in practical terms the contractual obligations and liabilities of shipowners, charterers, freight forwarders, and cargo insurers.For Academics and Students:
Serves as a foundational text for maritime law courses, providing conceptual depth and case-based understanding.For Policy Makers and Regulators:
Offers insights into aligning Indian maritime law with global trade norms and conventions.
⚓ About the Author:
B. C. Mitra was a distinguished scholar of maritime and commercial law, renowned for his clarity of expression and mastery over the intersection of legal theory and maritime commerce. His works, especially this volume, continue to influence courts, practitioners, and academics across India and the Commonwealth.
⚖️ Conclusion:
The 5th Edition (2018) of Law Relating to Bills of Lading, Charterparties and Contract of Affreightment by B. C. Mitra, published by Lexis Nexis, stands as a definitive and enduring authority in the field of maritime and admiralty law. Rich in jurisprudential depth and practical insight, it remains the go-to reference for understanding contracts of carriage, resolving disputes, and navigating the complexities of shipping and trade law in India and abroad.

