As freight is prima facie payable on delivery of the goods, the burden of making out a case for advance freight is on ________.
A.the shipper
B.consignee
C.the shipowner
D.consigner
第1题:
材料:
The carrier is entitled,at port of shipment and / or port of discharge,to verify the quantity,weight,measurement and contents of the goods as declared by the merchant.If the weight,measurement,and / or contents of such goods as stated in the bill of lading turn out to be inconsistent with that of the goods actually loaded,and the freight paid falls short of the amount which would have been due if such declaration had been correctly given,the carrier is entitled to collect from the merchant as liquidated damages to the carrier double the amount of difference between the freight for the goods actually shipped and that mis-stated.The merchant shall be liable for loss of and damage to the vessel and / or goods arising or resulting from inaccuracies in stating the description,quantity,weight,measurement or contents of the goods and shall indemnify the carrier for the costs and expenses in connection with weighing,measuring and checking such goods.
问题:
A cargo of 1000 tons was actually shipped with the freight rate of US$10 per ton, but the shipper declared that it was 800 tons and the freight paid short accordingly. The carrier is entitled to claim from the shipper as liquidated damages the sum of US$ ______.
A.2000
B.8000
C.4000
D.10000
The carrier is most likely to verify ______ of the goods.A.the weight
B.the description
C.the marks
D.the damages
The purpose of this clause is to protect the interests of ______ .A.the carrier
B.the shipper
C.the merchant
D.all the parties concerned
Damages caused by inaccuracies in stating the description,quantity,weight,measurement or contents of the goods will be responsible by ______.A.the carrier
B.the shipper
C.the owner
D.the consignee
请帮忙给出每个问题的正确答案和分析,谢谢!
第2题:
If the Shipowner proves that prima facie the cause of damage was excepted,the burden of proof shifts to ______.
A.the Shipowner
B.the shipper
C.the Charterer
D.the carrier
第3题:
At common law the Shipowner has possessory liens on the cargo for ______.
A.advance freight
B.freight payable on delivery
C.freight not earned
D.freight payable after delivery
第4题:
The liability of the carrier for the economic losses resulting from delay in delivery of the goods shall be limited to the amount equivalent to ______.
A.actual value of the goods so lost
B.the difference between the values of the goods before and after the damage
C.the expenses for the repair
D.the freight payable for the goods so delayed
第5题:
第6题:
We look forward to()the goods in the fourth quarter.
第7题:
When freight forwarder pack the goods on behalf of exporter, should take into account the quality of goods.
第8题:
Overloading
Overstowage
Overbooking
Overcarriage
第9题:
to be
are
had
have
第10题:
subject to
subjects to
subjects
is subject to
第11题:
has
have
is
are
第12题:
advance freight
freight payable on delivery
freight not earned
freight payable after delivery
第13题:
No ______ payable for loss resulting from delay or delivery unless a notice has been given in writing to the carrier within 60 consecutive days after the day the goods were handed over to the consignee.
A.is compensation
B.are compensation
C.compensation is
D.compensation are
第14题:
The prima facie rule that the law of the flag governs contracts of carriage by sea ______ the paramount rule of the intention of the parties,which may be express,or implied from the circumstances of the sea.
A.subject to
B.subjects to
C.subjects
D.is subject to
第15题:
Even where the contract was not made between the master and the consignee,it has been held ______ the master maintain an action against consignee upon an implied promise to pay the freight,in considering of his letting the goods out of his hands before payment.
A.where
B.which
C.that
D.when
第16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17题:
第18题:
A freight forwarder acts as()taking care of the details of moving goods into or out of a country.
第19题:
if
whether
when
unless
第20题:
that
which
where
while
第21题:
broken space
dead weight
constant
dead freight
第22题:
is compensation
are compensation
compensation is
compensation are
第23题:
对
错