The decision of the House of Lords in The Berge Sisar 1 raises yet again the problem when liability under a contract contained in or evidenced by a bill of lading can be incurred by a person who was not an original party to that contract but to whom the bill of lading has been transferred. The problem is a difficult one because (as is so often the case with legal difficulties) its solution gives rise to a conflict of policies. On the one hand, there is the point that if the transferee claims the benefit of the contract, to which he has become entitled as a result of the transfer, then he should be subject to at least some of its burdens. On the other hand, to hold the transferee liable in respect of conduct of other parties over which the transferee had no control, such as the shipper’s act in loading dangerous goods,

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