Its fraudulent nature is increased if it is successful in misleading the deceived person.“Maritime fraud” occurs in the following manner as described by the International Chamber of Commerce (ICC), 1980: ‘‘Aim international trade transaction involves several parties--buyer, seller, shipowner, charterer, ship’s master or crew, insurer, banker, broker or agent.Documentary fraud is a common form of maritime fraud and bills of lading are very much part of the fraud.If material facts are misrepresented, a documentary fraud may take place.In shipping, we meet “maritime fraud” which is one form of “commercial fraud”.
If that agent puts the wrong date on a bill of lading he must do so by mistake or deliberately…..
A sale contract requires the cargo to be loaded and bills of lading to be dated no later than 15 July. The bills of lading, signed and issued by the shipowner’s port agents, are nevertheless dated 15 July, indicating that the goods were loaded on that date and not later.
The buyers are unaware of the false dating and accept the bills of lading.
An erroneous date may be inserted negligently or fraudulently ...
The plaintiffs suffered loss as a result of a false statement made by the defendants’ agents as to the date on which the cargo was loaded….