If he is a common carrier，he is absolutely responsible to the owner of the goods carried ______ any loss or damage to them unless caused by an Act of God or the Queen's enemies，or the inherent vice in the goods themselves，or the negligence of the owner of

Cargo on deck，plants and live animals are usually received，handled，carried，kept and discharged at ______.

A.Carrier’s risk

B.Owner’s risk

C.Merchant’s risk

D.Charterer’s risk

The carrier was responsible for the damage to the licorice for he failed to ______.

A.recooper the broken cases

B.endorse the bill of lading

C.make a proper stowage

D.remove the foreign material in it

Although goods have been lost or damaged whilst in the custody of the Shipowner，______ not necessarily responsible，for his liability in respect of them may have been excluded by the rules of common law or by the express terms of the contract or by statute．

A.she is

B.he is

C.they are

D.it is

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 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！

If the indorsee of a bill of lading sells the goods and re-indorses the bill of lading，he ceases ______ responsible for liabilities under the contract．

A.being

B.to be

C.having

D.to have

Apart from special contract or statute every Shipowner is ______ a liability akin to that of a common carrier，irrespective of whether the goods were shipped by a Charterer or on a general ship．

A.on

B.in

C.under

D.at

材料：

The endorsement of a nonnegotiable bill does not make the bill negotiable or give the transferee any additional right．A person to whom a nonnegotiable bill has been transferred by delivery and agreement to transfer title to the bill or to the GOODs which it represents acquires the title to the GOODs as against the transferor．The transferee may also notify the carrier of the transfer to him，and the carrier is then obligated directly to the transferee for any obligations the carrier owed to the transferor immediately before the notification．

More specifically，the carrier is liable to the owner of GOODs transported under a nonnegotiable bill，subject to the right of stoppage in transit．Besides having to be the owner of the GOODs covered by the nonnegotiable bill，the claimant in such a case must have actually relied in GOOD faith on statements made by the carrier on the bill．The carrier is liable for having stated on the bill that he received GOODs when in fact he had not，and for having delivered the GOODs in a quantity，kind，weight or condition other than as stated on the bill．

In general，the carrier must deliver the GOODs on demand of the consignee named in a nonnegotiable bill of lading．However，on the endorsement of a nonnegotiable bill，the GOODs may be delivered to a party entitled to their possession．The carrier is liable toward the person having title to，or a right to possession of，the GOODs for delivering them to a party not entitled to their possession．

问题：

The endorsement of a nonnegotiable bill transfers ________．

A.the title to the GOODs from the transferor to the transferee

B.the title to the GOODs from the transferee to the transferor

C.in no way the title to the GOODs from the transferor to the transferee

D.the GOODs to the party entitled to their possession

The transferee of a nonnegotiable bill acquires the title to the GOODs ________．A.by taking delivery of the bill and entering into an agreement to transfer title to the bill or to the GOODs

B.by having the carrier actually delivered the GOODs to him

C.by having the transferor endorsed the nonnegotiable bill

D.in no way

If the GOODs were thus transferred，and the carrier delivered the GOODs in a quantity，kind，weight or condition other than as stated on the bill，________．A.he is liable

B.he is not liable

C.it can not be determined whether he is liable or not

D.whether he is liable or not is to be determined by the law of the ship’s flag

In the event of a nonnegotiable bill has been actually transferred，if the carrier stated on the bill that he received GOODs when in fact he had not，________ is liable．A.he

B.the transferor

C.the transferee

D.the person having title to，or a right to possession of，the GOODs

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！