Bruitrix held a bill of lading covering a shipment of washing machines that it had purchased. The… 1 answer below »

Bruitrix held a bill of lading covering a shipment of washing machines that it had purchased. The washing machines were placed into a bonded warehouse operated by the British Transport Commission. Bruitrix pledged the bill of lading to its creditor, Barclay’s Bank, as security for an outstanding debt. Two months later, the defendant, the Commissioners of Customs, obtained a judgment against Bruitrix for a delinquent tax. The bank attempted to take possession of the goods in order to satisfy Bruitrix’s outstanding debt. On the same day, the Commissioners attempted to take possession of the goods to satisfy their judgment. The bank brought this action claiming that the pledge had transferred title to the goods to it and that as the holder of the bill of lading it was entitled to the goods. Who has a greater right in the property, Barclay’s Bank or the Commissioners? Why? How does the bill of lading serve as a financing device? The bill of lading is a contract of carriage. When does the carrier discharge its performance under the contract? Barclay’s Bank, Ltd. v. Commissioners of Customs and Excise, (1963) 1 Lloyd’s 81, Queen’s Bench.

 

 

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