If the carrier and the shipper have agreed that the goods shall or may be carried on deck,the carrier must ______ in the bill of lading a statement to that effect.
A.desert
B.dessert
C.insert
D.reseat
第1题:
______ is entitled to enter into,with a shipper,any agreement,stipulation,condition,reservation or exception as to the responsibility and liability of the carrier or the ship for the loss of or damage to,or in connection with,the custody and care and handling of the goods prior to the loading on,and subsequent to the discharge from,the ship on which the goods are carried by sea.
A.A carrier
B.A consignee
C.A consigner
D.A receiver
第2题:
Sometimes the contract expressly gives the carrier the right to carry the goods beyond their destination,provided that ______ transships them and sends them back.
A.he
B.she
C.it
D.the shipper
第3题:
Goods stowed in containers ______ without notice.
A.Shall be carried on deck
B.Shall be carried under deck
C.May be carried on or under deck
D.May not be carried on or under deck
第4题:
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!
第5题:
材料:
In a bill of lading there might be a clause known as general liberty to carry on deck clause which reads“Carrier has liberty to carry GOODs on deck”.This clause frequently gives the carrier the option of stowing the cargo either on or under deck,while also exempting the carrier from all liability for loss of or damage to cargo stowed on deck.
A clause of this type is an option,not a statement.The problem arises when the bill of lading contains this clause,but the face of the bill of lading does not state that the cargo was loaded on deck.Under such circumstances,it would appear that deck carriage is unjustifiable for at least two reasons:a)The general liberty to carry on deck clause is merely an option to carry on deck,a choice which the carrier ordinarily does not make.If the bill of lading does not bear a statement on its face giving notice that the cargo is actually stowed on deck,then by default the option has been exercised in favour of under deck carriage.b)The typewritten or handwritten wording on the face of a bill of lading has precedence over the bill&39;s printed clauses.And a clean bill of lading,because it implies under-deck stowage,is functionally equivalent to a typewritten or handwritten notation on the face of the document calling for carriage below deck.A clean bill of lading therefore overrides the printed liberty to carry on deck clause.
A general deck carriage clause without a statement on the face of the bill of lading that cargo is carried on deck is merely an option not exercised and the deck carriage is therefore a fundamental breach of the contract and the Rules.
问题:
A clause which reads“Carrier has liberty to carry GOODs on deck”contained in B/L is ________.
A.a statement
B.a problem
C.an option
D.a typewritten or handwritten wording on its face
If there is no deck stowage statement on the face of B/L,it is implied that ________.A.all cargoes are stowed under deck
B.all cargoes are stowed on deck
C.cargoes are stowed either on or under deck
D.it can not be decided whether cargoes are stowed on or under deck
If a handwritten wording on the face of B/L is in conflict with one of its printed clause,________.A.the handwritten wording shall prevail
B.the printed clause shall prevail
C.both the handwritten wording and the printed clause shall be ignored
D.the B/L shall become null and void
The deck carriage is justifiable only when ________.A.there is a general liberty to carry on deck clause in the B/L and a statement on its face that the cargo is actually stowed on deck
B.there is either a general liberty to carry on deck clause in the B/L or a statement on its face that the cargo is actually stowed on deck
C.there is neither general liberty to carry on deck clause in the B/L nor a statement on its face that the cargo is actually stowed on deck
D.only when the carrier is exempted from all liability for loss of or damage to cargo stowed on deck
请帮忙给出每个问题的正确答案和分析,谢谢!
第6题:
The bill of lading serves as an evidence of the contract of carriage of goods by sea between the().
第7题:
If the goods is damaged or lost in the process of logistics, the shipper can()to carrier.
第8题:
The carrier
The Shipowner
The carrier or the Shipowner
Neither the carrier nor the Shipowner
第9题:
to
in
on
with
第10题:
an indemnity
liability
responsibility
possibility
第11题:
第12题:
was held
was carried out
was encountered
was detained
第13题:
______ means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper.
A.Charterer
B.Consignee
C.Consignor
D.Carrier
第14题:
Dangerous goods required to be“carried on deck only”should not be carried on closed vehicle decks,but may be carried on open vehicle deck when authorized by the competent authority concerned.
A.Under deck
B.On deck
C.On deck only
D.Under deck only
第15题:
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!
第16题:
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!
第17题:
翻译:If the freight, contribution in general average demurrage to be paid to the carrier and other necessary charges paid by the carrier on behalf of the owner of the goods as well as other charges to be paid to the carrie have not been paid in full nor has appropriate security been given the carrier may have a lien to a reasonable extent on the goods.
第18题:
If business had been carried out to our satisfaction,we()to renew the Agency Agreement.
第19题:
increases
exceeds
decreases
reduces
第20题:
shall be carried on deck
shall be carried under deck
may be carried on or under deck
may not be carried on or under deck
第21题:
desert
dessert
insert
reseat
第22题:
under deck
on deck
ondeck only
under deck only
第23题:
Shipped on deck
Five cartons are broken
The goods may be carried on deck
Five bags are wet
第24题:
A carrier
A consignee
A consigner
A receiver