This definition of the term “Merchant” has caught the attention of the Federal Maritime Commission (FMC) who is soliciting public comment as to
- How VOCCs apply the term “Merchant” in their bills of lading;
- Whether the definition, as applied, subjects third parties who are not in contractual privity with the carrier to joint or several liability; and
- Whether carriers have enforced the definition of merchant against third parties that have not consented to be bound by, or otherwise accept, the terms and conditions of the bill of lading.
I have shared my personal opinion on this.. Have a read and share yours..