5Definitions

#### 5 Definitions 5 Definitions > In this Act: > > bill of lading means a bill of lading (including a received for shipment bill of lading) which is capable of transfer: > > > (a) by endorsement, or > > > (b) as a bearer bill, by delivery without endorsement. > > contract of carriage, in relation to a sea-carriage document, means: > > > (a) in the case of a bill of lading or a sea waybill—the contract of carriage contained in, or evidenced by, the document, or > > > (b) in the case of a ship’s delivery order—the contract of carriage in association with which the order is given. > > data message means information generated, stored or communicated by electronic, optical or analogous means including, but not limited to, electronic data interchange, electronic mail, telegram, telex and telecopy. > > goods, in relation to a sea-carriage document, means the goods to which the document relates. > > identification, in relation to the identification of a person in a sea-carriage document, includes the identification of the person by a description which allows for the person’s identity to be varied, in accordance with the document, after its issue. > > lawful holder, in relation to a bill of lading, means a person who: > > > (a) has come into possession of the bill, in good faith, as the consignee of the goods, by virtue of being identified in the bill, or > > > (b) has come into possession of the bill, in good faith, as a result of the completion, by delivery of the bill: > > > > > (i) of any endorsement of the bill, or > > > > > (ii) in the case of a bearer bill—of any other transfer of the bill, or > > > (c) would be the lawful holder of the bill under paragraph (a) or (b) had not the person come into possession of the bill as the result of a transaction effected at a time when possession of the bill no longer gave a right (as against the carrier) to possession of the goods. > > sea-carriage document means a bill of lading, a sea waybill or a ship’s delivery order. > > sea waybill means a document other than a bill of lading which: > > > (a) is issued by the carrier of the goods, and > > > (b) is a receipt for the goods, and > > > (c) contains or evidences a contract for the carriage of the goods by sea, and > > > (d) identifies the person to whom delivery of the goods is to be made by the carrier in accordance with the contract. > > ship’s delivery order means a document other than a bill of lading or a sea waybill which: > > > (a) is given in association with a contract for the carriage of goods by sea including those to which the document relates, and > > > (b) contains an undertaking by the carrier to deliver the goods to which the document relates to a person identified in the document.