Even if the Shipowner is liable for the loss of or damage to the goods whilst in his custody, his ________ may have been limited by a clause in the contract or by statute, so that the owner of the cargo will be unable to recover the full amount of his loss.
A.liberty
B.liability
C.possibility
D.reasonability
第1题:
Even if ______ vessel was unseaworthy,a Shipowner can still rely on the exception perils if the loss has not been caused by unseaworthiness.
A.her
B.their
C.its
D.his
第2题:
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
第3题:
The Insurance Company shall be liable for ______.
A.loss or damage caused by unseaworthiness of the insured ship
B.demurrage of the insured ship and other indirect expenses
C.reasonable expenses for ascertaining the loss or damage within the scope of Cover
D.A,B,C are all wrong
第4题:
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!
第5题:
delays due to seizure of the vessel
fire caused by fault of the carrier
strikes or lockouts
improper stowage
第6题:
Unseaworthiness when sailing
Insufficient packing
Quarantine delays
Mismanagement of the vessel
第7题:
when
the time
the day
until
第8题:
either
the master
the Shipowner
neither
第9题:
Owners are to be responsible for loss or damage even such loss or damage is not caused by the improper stowage
Owners are only responsible for the loss or damage or delay caused by improper or negligent stowage
Both A and B are right
Both A and B are wrong
第10题:
STCW
IMDG
SOLAS
The contract or the statute
第11题:
prove
approve
disprove
improve
第12题:
The Merchant
The Carrier
The Ship Owners
Both the Merchant and the Carrier
第13题:
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
第14题:
When the carrier is liable for the compensation in respect of loss of or damage to the goods,such compensation shall be calculated on the basis of the Merchant's net invoice cost,plus freight and insurance premium,if paid. This sentence means that ______.
A.if the freight and insurance premium are paid,they shall be added to the basis
B.if the freight and insurance premium are not paid,they shall be added to the basis
C.the freight and insurance premium shall not be added to the basis even they are paid
D.the freight and insurance premium shall be added to the basis even they are not paid
第15题:
Under the Carriage of Goods by Sea Act of 1936,a vessel will be liable for damage to cargo when the damage arises from ______.
A.An act of war
B.Lack of ventilation in transit
C.Perils of the sea
D.An error in navigation
第16题:
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!
第17题:
with
on
for
by
第18题:
poor stowage of cargo in a container
fire caused by lightning
overloading
inherent vice
第19题:
cost
compensation
value
price
第20题:
she is
he is
they are
it is
第21题:
The carrier
The Shipowner
The carrier or the Shipowner
Neither the carrier nor the Shipowner
第22题:
made
taken
gotten
given
第23题:
should
shall
that
if