The carrier was responsible for the damage to the licorice for he failed to ______.A.recooper the broken casesB.endorse the bill of ladingC.make a proper stowageD.remove the foreign material in it

If the carrier is responsible for the damage or loss of the cargo，______ will have to pay to the insurance company．

A.the cargo holder

B.the Shipowner

C.the ship's crew

D.the P and I Club

If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and ___________ a reward under Article 13 at least equivalent to the special compensation assessable in accordance with this Article，he shall be entitled to special compensation from the owner of the vessel equivalent to his expenses as herein defined.

A.has earned

B.has failed to earn

C.has rendered

D.has failed to render

材料：

The contract of carriage of GOODs by sea is usually concluded as between the shipper and the carrier，either directly or through their respective agents．

Consequently，by virtue of the historic principle of privity of contract，only the shipper and the carrier have the right to take action against one another under the contract of carriage．The only clear exception to the rule was where the party having the right to sue assigned that right under a separate agreement to another party．

On the other hand，when GOODs are sold（as they typically are）prior to shipment，the terms of sale generally result in the 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 ship&39;s rail in the port of loading．

Therefore，although the law recognizes that the shipper 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 loss．

Frequently，also，depending on the terms of sale，the shipper will no longer be the owner of the GOODs at the time when the loss or damage occurs，and so will be unable to sue the carrier in tort．

问题：

The contract of carriage of GOODs by sea is usually concluded as between ________．

A.the seller and the buyer

B.the shipper and the consignee or endorsee

C.the carrier and the consignee or endorsee

D.the shipper and the carrier

It is concluded ________ that only the shipper and the carrier have the right to take action against one another under the contract of carriage．A.by maritime laws

B.by a mainstay of the common law in particular

C.by virtue of the historic principle of privity of contract

D.by shipping practice

When GOODs are sold prior to shipment the risk in the GOODs passes ________．A.from the shipper to the carrier

B.from the seller to the buyer

C.from the carrier to the shipper

D.from the buyer to the seller

When GOODs are sold prior to shipment the shipper ________．A.is not usually the party who actually suffers the subsequent loss

B.is usually the party who actually suffers the subsequent loss

C.will still be the owner of the GOODs at the time when the loss or damage occurs

D.will be responsible for the loss of or damage to the cargo he shipped

请帮忙给出每个问题的正确答案和分析，谢谢！

材料：

The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks，number，quantity and weight，as furnished by him，and the shipper shall indemnify the carrier against all loss，damages and expenses arising or resulting from inaccuracies in such particulars．The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper．

Unless notice of loss or damage and the general nature of such loss or damage be given before or at the time of the removal of the GOODs into the custody of the person entitled to delivery thereof under the contract of carriage，or，if the loss or damage be not apparent，within three days，such removal shall be prima facie evidence of the delivery by the carrier of the GOODs as described in the bill of lading．

The notice in writing need not be given if the state of the GOODs has，at the time of their receipt，been the subject of joint survey or inspection．

In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the GOODs or the date when the GOODs should have been delivered. In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the GOODs．

问题：

It can be concluded that the purpose of this clause is to protect the interest of ________．

A.ship owners

B.shippers

C.charterers

D.the merchant

The duration of the liability of the carrier or ship in respect of loss of or damage to cargo is ________．A.one year

B.three days

C.not mentioned

D.variable with the kind of cargo carried and the voyage the vessel has completed

This clause is most likely extracted from ________．A.Hague Rules

B.Marpol 73/78

C.SOLAS

D.IMDG Code

It is provided in the clause that ________．A.the shipper shall not indemnify the carrier against all loss，damages and expenses arising or resulting from inaccuracies in particulars concerning cargoes

B.the shipper shall indemnify the carrier against no loss，damage and expense arising or resulting from inaccuracies in particulars concerning cargoes

C.the shipper shall not be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks，number，quantity and weight，as furnished by him

D.the shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks，number，quantity and weight，as furnished by him

请帮忙给出每个问题的正确答案和分析，谢谢！

材料:

Some older decisions have held that the carrier，in order to rebut the presumption of liability resulting from the arrival in damaged condition of GOODs shipped undamaged，must prove not only that the loss or damage was caused by one of the excepted perils，but also that the harm did not result from any negligence on the carrier&39;s part．

Most more recent decisions and authors，however，uphold the view that，in general，the carrier may rebut the claimant&39;s prima facie case simply by proving that the loss was caused by an excepted peril．At that point，the onus switches to the cargo claimant to prove that the true cause of the loss was the carrier&39;s negligence．

Nevertheless certain Hague and Hague/Visby Rules exceptions，expressly or implicitly，also require the carrier to negative its own negligence in proving the exception itself．For example，a clause in the said rules expressly imposes on the carrier the burden of proving that the loss or damage occurred without its actual fault or privity and without any fault or neglect on the part of its servants or agents．

The carrier，however，must truly prove the existence of one or more of the exceptions and their causative role in respect of the loss or damage．Conjectures and speculation do not take the place of hard evidence．A court has held：“Mere speculation will not overcome the prima facie evidence of a clean bill of lading”．

问题：

The carrier will be held liable for the loss or damage if _______．

A.it is proved that he has privity to the loss or damage

B.it is proved that the fault or neglect on his part is not the true cause of the loss or damage

C.it is too onerous for him to demonstrate that the loss or damage is caused by what is beyond his control

D.if there are conjectures and speculation

In accordance with old decisions，the carrier will not be excused unless he has proved that _______．A.not only the loss or damage was caused by one of the excepted perils，but also that the harm did not result from any negligence on the his part

B.the loss or damage was caused by one of the excepted perils

C.the harm did not result from any negligence on his part

D.there are conjectures and speculation

In accordance with most more recent decisions and authors，the carrier will not be excused unless he has proved that _______．A.not only the loss or damage was caused by one of the excepted perils，but also that the harm did not result from any negligence on the his part

B.the loss or damage was caused by one of the excepted perils

C.the harm did not result from any negligence on his part

D.there are conjectures and speculation

It is concluded that _______．A.The carrier is not in a position to prove the loss or damage is substantially caused by one or more of the excepted perils

B.It can not be decided that whether the carrier has to prove the loss or damage is substantially caused by one or more of the excepted perils because there are some differences between the decisions and authors and requirements of Hague and Hague/Visby Rules

C.The carrier does not have to prove the loss or damage is substantially caused by one or more of the excepted perils due to the fact that there are some differences between the decisions and authors and requirements of Hague and Hague/Visby Rules

D.The carrier must truly prove the loss or damage is substantially caused by one or more of the excepted perils even there are some differences between the decisions and authors and requirements of Hague and Hague/Visby Rules

请帮忙给出每个问题的正确答案和分析，谢谢！

Damage to ship’s fittings caused by stevedore’s negligence often happens. Therefore, the stevedores ______ the cost of the damage repaired afterwards.

A.should hold responsible for

B.should be held responsible for

C.should be free of

D.should be bearable of

Owners are to be responsible for loss of or damage to the goods or delay in delivery of the goods only in case the loss，damage or delay has been caused by the improper or negligent stowage of the goods．This means that ______.

A.Owners are to be responsible for loss or damage even such loss or damage is not caused by the improper stowage

B.Owners are only responsible for the loss or damage or delay caused by improper or negligent stowage．

C.Both A and B are right

D.Both A and B are wrong

Neither the carrier nor the ship be responsible for loss or damage arising or resulting from following causes except ______．

A.Act of public enemies

B.Arrest or restraint of princes，rulers or people，or seizure under legal process

C.Quarantine restrictions

D.any personal misconduct with or without carrier's privity

材料：

Intention can be inferred in many ways by the courts．Thus the discharge at Cadiz instead of Bombay“for nefarious reasons”was an unreasonable deviation．A transshipment was declared to be an unreasonable deviation “since no excuse has been proffered for the deviation．” A geographic deviation abrogated the contract because“there can be no suggestion that the deviation was other than voluntary．”

On the other hand，where the court was unable to find that a defendant&39;s action constituted“a voluntary deviation without reasonable cause，” the defendant was exculpated of liability．The vast majority of decisions require that intention be proved in cases of deviation and quasi-deviation．The carrier has the burden of proving that it had no intention to deviate or that the deviation was not for the carrier&39;s sole benefit．

Accordingly，a geographic deviation due to an erroneous change of course by the master is not a deviation，but an error in navigation；in such a case，the carrier is protected under the Rules．If，however，the master is ordered to alter the customary or planned route，or deliberately takes it upon himself to do so，for a reason other than to save persons or cargo（or some similar reason），then the course alteration is an unreasonable deviation，because it is intentional and for the carrier&39;s own benefit．

nefarious，邪恶的，穷凶极恶的

proffer，提出

abrogate，使作废

问题：

If the carrier has proved that he had no intention to deviate or that the deviation was not for his sole benefit ________．

A.he will be exculpated of liability

B.he is to investigate the case further

C.he will not be exculpated of liability

D.he has to contact with the shipper to see if he himself is free of any liability

A geographic deviation due to an erroneous change of course by the master ________．A.is not a reasonable deviation

B.is not an error in navigation

C.is a reasonable deviation

D.can not be determined if it constitutes a reasonable deviation

Where the court is unable to find that a defendant's action constituted “a voluntary deviation without reasonable cause，”________．A.the defendant will not be responsible for the loss and damage

B.the defendant will be responsible for the loss and damage

C.if the defendant be responsible for the loss and damage can not be determined

D.the court should not make any decision

An unreasonable deviation must be committed by the master ________．A.intentionally

B.for the carrier's own benefit

C.intentionally and for the carrier's own benefit

D.reasonably

请帮忙给出每个问题的正确答案和分析，谢谢！

材料：

The fact that the GOODs were damaged raises a prima facie case of negligence which can only be cleared by the carrier by showing what actually occurred. For example，a ship carried grain on MS Great Lakes to a port where it was stored aboard the ship under a special storage contract for 22 days after which it was discovered to be wet．Rough weather during the voyage was alleged but the Court insisted on strict proof of how and when the rough weather caused the wetting．

Therefore，to rebut the presumption of fault when relying upon its own reasonable care，the carrier must further prove that the damage was caused by something other than its own negligence．Once the shipper establishes a prima facie case，under“the policy of the law”the carrier must“explain what took place or suffer the consequences”．The law casts upon the carrier the burden of the loss which it cannot explain or，explaining，bring within the exception case in which he is relieved from liability．

问题：

The best title of this passage is ______．

A.The liabilities on the part of the carrier and shipper

B.Loss of and damage to cargoes

C.The burden of proof on the part of the shipper

D.The burden of proof on the part of the carrier

It is concluded from this passage that MS Great Lakes ______．A.was liable for the wet damage if it could not prove how and when the rough weather caused the wetting

B.was liable for the wet damage even it could prove how and when the rough weather caused the wetting

C.was liable for the wet damage even it could not prove how and when the rough weather caused the wetting

D.was not liable for the wet damage if it could not prove how and when the rough weather caused the wetting

According to this passage，_______．A.If a carrier cannot bring the reason of the loss into the exception case in which he is relieved from liability，he is liable for the loss

B.Even a carrier can bring the reason of the loss into the exception case in which he is relieved from liability，he is still held liable for the loss by the court

C.Should a carrier bring the reason of the loss into the exception case in which he is relieved from liability，he could be held liable for the loss by the court

D.Should a carrier not bring the reason of the loss into the exception case in which he is relieved from liability，he could not be held liable for the loss by the court

The prima facie case of negligence in this passage refers to the one in which ______．A.a presumption of fault was made on the part of the carrier

B.a presumption of fault was made on the part of the shipper

C.a reasonable care was used by the carrier

D.a reasonable care was used by the shipper

请帮忙给出每个问题的正确答案和分析，谢谢！

材料：

The carrier who does not pack a container cannot determine the sufficiency of packing of individual cartons within the container．Thus the carrier is not estopped from proving the insufficiency of packing of the GOODs within the container stuffed and sealed by the shipper，even where the carrier has issued a clean bill of lading．

The principle of estoppel only applies to the apparent order and condition of the exterior of the container．The carrier has no duty to inspect the cargo of the shipper-packed container，unless its packaging is apparently inadequate or the shipper has given the carrier special instructions as to the special requirements of the cargo．This view places the burden of inspection and ascertainment of special stowage needs on the party most likely to know of or best equipped to discover such needs．

Both the condition of the container and the packing of the individual objects inside are important．The condition of the container supplied by a shipper may preclude recovery by cargo interests in various situations，for example，where the container&39;s insufficient ventilation causes the GOODs to spoil．

Improper packing of objects（e.g．defective“stuffing”of GOODs into a container）may also constitute a case of insufficiency of packing by the shipper．For example，antiques，furniture，porcelain and crystal had been shipped in containers．The porcelain and crystal which had been packed in cartons suffered no damage，but the furniture and antiques which had only been wrapped in paper were damaged. The carrier was not held responsible as the packing was deemed to be insufficient．

问题：

If the carrier has issued a clean bill of lading for the general cargo on board of his ship，he will be ________．

A.precluded from recovery of any loss or damage from any interests

B.prevented from making a denial that the cargo was packed in apparently GOOD order and condition

C.entitled to make any allegation that contradicts what he has previously stated that the cargo was properly packed

D.estopped from proving the sufficiency of packing of the GOODs

It is inferred that this passage prepared to protect the interests of ________．A.the shipper

B.the supplier of containers

C.the cargo interests

D.the carrier

It is implied in the passage that ________．A.the carrier will not be responsible for the damage to a cargo contained in a container supplied by the carrier

B.the carrier will in no way be responsible for the damage to a cargo contained in a container supplied by the shipper

C.the carrier will be estopped from proving the insufficiency of packing of the GOODs within the container stuffed and sealed by the shipper even he has issued a clean bill of lading

D.by the principle of estoppel，the carrier will not be held responsible even the cargoes，such as antiques，furniture，porcelain and crystal，had been shipped in one container

The insufficient ventilation of a container supplied by a shipper that causes the GOODs to spoil may preclude recovery ________．A.by the cargo interests against the carrier

B.by the carrier against the owners

C.by the shipper against cargo interests

D.by the carrier against the cargo interests

请帮忙给出每个问题的正确答案和分析，谢谢！