1、The contract of carriage of goods by sea is usually concluded as between the shipper and the carrier，either directly or through their respective agentsConsequently ，by virtue of the historic principle of privity of contract，only the shipper and the carrier have the right to take action against one a
2、nother under the contract of carriageThe only clear exception to the rule was where the party having the right to sue assigned that right under a separate agreement to another partyOn the other hand，when goods are sold (as they typically are) prior to shipment，the terms of sale generally result in t
3、he risk in the goods passing from the seller (the shipper) to the buyer (the consignee or endorsee，in the case of a bill of lading，or the party entitled to take delivery under a waybill) when the goods cross the ships rail in the port of loadingTherefore，although the law recognizes that the shipper
4、alone has the right to sue the carrier in contract for subsequent cargo loss or damage occurring while the carrier had charge of the shipment，the shipper is not usually the party who actually suffers that lossFrequently，also，depending on the terms of sale，the shipper will no longer be the owner of t
5、he goods at the time when the loss or damage occurs，and so will be unable to sue the carrier in tortCarriage of goods by sea海上货物运输海上货物运输合同缔结双方通常是承运人和托运人, 他们也可以直接或间接通过各自代理人来履行。因此，由于合同相对性原则,只有承运人和托运人才有权根据合同对彼此履行职责。除非甲方/乙方根据另一份协议将权利转移给第三方, 乙方/甲方才有权利起诉对方。另一方面，若货物在装运港越过船舷之后（通常如此）售出，规定销售的条款通常会阻碍货物在卖家(托运人)和买家（涉及提单的情况下,可能是受托人或受让人,又或者是持有货票有权提货的一方）之间流通。因此, 尽管法律承认托运人有权根据海上货物运输合同起诉承运人在负责货物装运时承担货物灭失或损坏的一切风险,但并不总是托运人一方蒙受损失。所以根据销售条款，当货物损失时托运人并不总是货物所有者，因此托运人也无法起诉承运人的侵权行为.
