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MAGELLAN MANUFACTURING MARKETING CORPORATION v. CA

This case has been cited 1 times or more.

2004-01-15
YNARES-SATIAGO, J.
The holding in most jurisdictions has been that a shipper who receives a bill of lading without objection after an opportunity to inspect it, and permits the carrier to act on it by proceeding with the shipment is presumed to have accepted it as correctly stating the contract and to have assented to its terms. In other words, the acceptance of the bill without dissent raises the presumption that all the terms therein were brought to the knowledge of the shipper and agreed to by him and, in the absence of fraud or mistake, he is estopped from thereafter denying that he assented to such terms.[8]  (Italics Supplied)