396. Requirements for acceptable tender of a bill of lading.

The duty of the seller to procure a contract of carriage is satisfied if he procures a contract of carriage which conforms with any stipulations agreed in the contract of sale1 and which is otherwise reasonable and acceptable in the trade at the time when it is made2. This duty has been examined in the courts in the context of a number of requirements listed in heads (1) to (8) below:

  1.  

    (1)     in the absence of a stipulation or custom in the particular trade3 to the contrary, the contract of carriage must be one which will give the holder