MOF COMPANY, INC., petitioner, vs. SHIN YANG BROKERAGE CORPORATION, respondent. G.R. No. 172822. December 18, 2009. Secondhand Cars – Freight Collect A consignee, although not a signatory to the contract of carriage between the shipper and the carrier, becomes a party to the contract by reason of either: o the relationship of agency between the consignee and the shipper/consignor; o the unequivocal acceptance of the bill of lading delivered to the consignee, with full knowledge of its contents; or o availment of the stipulation pour autrui, i.e., when the consignee, a third person, demands before the carrier the fulfillment of the stipulation made by the consignor/shipper in the consignee's favor, specifically the delivery of the goods/cargoes shipped. Therefore, Shin Yang, as the consignee although not a signatory to the bill of lading, is bound by the stipulations thereof.
Comments
Post a Comment