Daiwa Bank v. Mankai Shipping (The Taichun)

The question for the Kobe District Court in Daiwa Bank v. Mankai Shipping and Fast Marine (The Taichun)1 was whether an agent is liable in a claim in tort to a bona fide bill of lading holder, if it is the agent who, upon the explicit instructions of the shipowner, delivers cargo to an importer in Japan in return for letters of undertaking rather than bills of lading? The court found that only the agent is liable for the non-delivery of cargo to the bona fide bill of lading holder, and the shipowner himself is not responsible as far as the claim in tort is concerned.