The Bills of Lading Act (BLA) 1855 was superior to the Carriage of Goods by Sea Act (COGSA) 1992 in every respect. Conceptually, it makes much better sense to link the transfer of the rights of suit under the contract of carriage with the transfer of property. The additional requirements under the BLA in respect of how property had to pass - namely, "upon or by reason" of consignment or endorsement - were also fully justifiable. Further, it is only fair that liabilities should pass together with any rights under the contract of carriage. Therefore, the regime provided for by s. 3 COGSA 1992 is very difficult to justify.

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