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If the Shipowner can only show that some part of the damage to the goods was due to a cause within the exception， he must also show how much of the damage is comprised in that part， otherwise he is liable ________ ．A.for the partB.for the wholeC.for the p

题目

If the Shipowner can only show that some part of the damage to the goods was due to a cause within the exception， he must also show how much of the damage is comprised in that part， otherwise he is liable ________ ．

A.for the part

B.for the whole

C.for the parts of damage not due to causes within the exception

D.for the parts of damage due to causes within the exception

相似考题

1.Many people see pollution as only. part of______.A. the environmental balanceB. our daily lifeC. the consumption of goods by manD. the whole process of industrial production and consumption of goods

2.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.libertyB.liabilityC.possibilityD.reasonability

3.It has been decided that a collision due to any cause other than the negligence of the Shipowner or his servants is within the scope of ________ ．A.act of GodB.peril of the seaC.queen's enemiesD.inherent vice in the goods

4.－Can we discuss the question of commodity inspection? － ________A OK. As an integral part of the contract, the inspection of goods is particularly important. ;B We would prefer to re-inspect goods at the unloading port. ;C But there might be some dispute over the results of inspection.

更多“If the Shipowner can only show that some part of the damage to the goods was due to a caus ”相关问题

  • 第1题：

    If it is clear that the damage must have arisen either from bad stowage or from perils of the sea，and are excepted，in order to escape liability the Shipowner must show that the damage arose from the latter．“the latter”refers to ______

    A.the Shipowner

    B.bad stowage

    C.perils of the sea

    D.the shipper


    正确答案：C

  • 第2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


    正确答案：B

  • 第3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！


    问题 1 答案解析：A


    问题 2 答案解析：A


    问题 3 答案解析：B


    问题 4 答案解析：D

  • 第4题：

    单选题
    Although the Shipowner may be responsible for the loss or damage to the goods，his liability may be limited（）the terms of the contract or the statute.
    A

    with

    B

    on

    C

    for

    D

    by


    正确答案： A
    解析： 暂无解析

  • 第5题：

    单选题
    If the bill of lading（）contain a space in which the shipper can insert the declared value of the goods，the Shipowner is not entitled to limit his liability.
    A

    does

    B

    did

    C

    does not

    D

    will not


    正确答案： D
    解析： 暂无解析

  • 第6题：

    单选题
    The reason for the obligation to load a full cargo（）that otherwise the Shipowner would lose freight on account of some part of the ship’s carrying capacity not being utilized.
    A

    is

    B

    makes

    C

    has

    D

    takes


    正确答案： A
    解析： 暂无解析

  • 第7题：

    单选题
    Advance freight must（）to the Shipowner even if the goods are lost (by excepted perils) before payment，where they are lost after the due date of payment; nor is it recoverable if the goods are so lost after payment．
    A

    pay

    B

    be paying

    C

    have paid

    D

    be paid


    正确答案： D
    解析： 暂无解析

  • 第8题：

    单选题
    （）is responsible in any event for loss or damage to or in connection with the goods if their nature or value has been knowingly mis-stated by the shipper in the Bill of Lading.
    A

    The carrier

    B

    The Shipowner

    C

    The carrier or the Shipowner

    D

    Neither the carrier nor the Shipowner


    正确答案： B
    解析： 暂无解析

  • 第9题：

    单选题
    It has been held that the Shipowner will be liable for the loss of or damage to the goods even if this is due to excepted perils，unless he can prove that he has（）proper care of them whilst they were in his custody.
    A

    made

    B

    taken

    C

    gotten

    D

    given


    正确答案： B
    解析： 暂无解析

  • 第10题：

    单选题
    An American Shipowner can（）in an American port any ship in the same ownership as the one with which he has collided，in spite of the fact that the collision may have occurred in some distant part of the world.
    A

    attack

    B

    attach

    C

    attain

    D

    attend


    正确答案： D
    解析： 暂无解析

  • 第11题：

    单选题
    The Shipowner’s right of the lien can（）against all goods consigned to the same person on the same voyage，even under different bills of lading，but not against goods on different voyages under different contracts.
    A

    taken

    B

    be exercised

    C

    be done

    D

    be had


    正确答案： A
    解析： 暂无解析

  • 第12题：

    单选题
    If it is clear that the damage must have arisen either from bad stowage or from perils of the sea，and are excepted，in order to escape liability the Shipowner must show that the damage arose from the latter．“the latter”refers to（）
    A

    the Shipowner

    B

    bad stowage

    C

    perils of the sea

    D

    the shipper


    正确答案： C
    解析： 暂无解析

  • 第13题：

    If the ship cannot finish the voyage，the Shipowner must forward the goods by some other means ______ his claim to freight is lost．

    A.then

    B.and

    C.when

    D.or


    正确答案：D

  • 第14题：

    Unless the Shipowner carries the goods to the destination agreed on，he ______ entitled to any part of the freight．

    A.is

    B.has

    C.is not

    D.has not


    正确答案：C

  • 第15题：

    单选题
    Under the Carriage of Goods by Sea Act of 1936，a vessel will be liable for damage to a cargo when the damage arises out of（）.
    A

    delays due to seizure of the vessel

    B

    fire caused by fault of the carrier

    C

    strikes or lockouts

    D

    improper stowage


    正确答案： A
    解析： 暂无解析

  • 第16题：

    单选题
    The Shipowner cannot rely on the excepted perils if he has not（）due diligence to make the ship seaworthy and its nonfulfilment causes the damage，nor can he do so if the vessel makes an unreasonable deviation.
    A

    realized

    B

    practiced

    C

    maintained

    D

    exercised


    正确答案： C
    解析： 暂无解析

  • 第17题：

    单选题
    If dangerous goods have been thrown overboard by the Shipowner or the master，（）can be made liable for their loss.
    A

    either

    B

    the master

    C

    the Shipowner

    D

    neither


    正确答案： B
    解析： 暂无解析

  • 第18题：

    单选题
    Where a vessel is redelivered to the Shipowner and is not in the same good order as when delivered due to the Charterer’s fault，and repairs to her have to be effected in order to restore her to that condition，the Shipowner can（）the cost of repairs and any loss of profit whilst she is being repaired.
    A

    want

    B

    send

    C

    deliver

    D

    claim


    正确答案： A
    解析： 暂无解析

  • 第19题：

    单选题
    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


    正确答案： C
    解析： 暂无解析

  • 第20题：

    单选题
    Although the Shipowner may be responsible for the loss or damage to the goods，his liability may be limited by the terms of（）.
    A

    STCW

    B

    IMDG

    C

    SOLAS

    D

    The contract or the statute


    正确答案： D
    解析： 暂无解析

  • 第21题：

    单选题
    It has been decided that a collision due to any cause other than the negligence of the Shipowner or his servants is within the scope of（）.
    A

    act of God

    B

    peril of the sea

    C

    queen's enemies

    D

    inherent vice in the goods


    正确答案： B
    解析： 暂无解析

  • 第22题：

    单选题
    If the ship cannot finish the voyage，the Shipowner must forward the goods by some other means （）his claim to freight is lost.
    A

    then

    B

    and

    C

    when

    D

    or


    正确答案： B
    解析： 暂无解析

  • 第23题：

    单选题
    A claim for cargo damages may be held against the shipowner if such damage is the result of failure of the ship’s officers to（）.
    A

    ensure the fitness and safety of cargo spaces

    B

    ensure adequate packaging of the cargo

    C

    prevent delays due to quarantine restrictions

    D

    correct all defects in the ship's construction


    正确答案： D
    解析： 暂无解析

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