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更多“Under the Carriage of Goods by Sea Act of 1936,a vessel will be liable for damage to cargo ”相关问题
  • 第1题:

    The indemnity for damage to cargo shall be determined on the basis of the {difference} between the value of the goods before and after the damage.

    A.profit

    B.surplus

    C.interest

    D.balance


    正确答案:D

  • 第2题:

    Under every contract of carriage of goods by sea the carrier,in relation to the loading,handling,stowage,carriage,custody,care and discharge of such goods,shall be ______ the responsibilities and liabilities,and entitled to the rights and immunities hereinafter set forth.

    A.Subject to

    B.Inject to

    C.Object to

    D.Project to


    正确答案:A

  • 第3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!


    问题 1 答案解析:D


    问题 2 答案解析:C


    问题 3 答案解析:B


    问题 4 答案解析:A

  • 第4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!


    问题 1 答案解析:C


    问题 2 答案解析:A


    问题 3 答案解析:A


    问题 4 答案解析:A

  • 第5题:

    The consignee in international carriage of goods by sea normally refers to ().

    • A、importer
    • B、exporter
    • C、forwarder
    • D、Carrier

    正确答案:A

  • 第6题:

    单选题
    ()means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier,and by which the carrier under takes to deliver the goods against surround of the document.
    A

    Bill of lading

    B

    Bill of exchange

    C

    Mate's receipt

    D

    Manifest


    正确答案: B
    解析: 暂无解析

  • 第7题:

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

    poor stowage of cargo in a container

    B

    fire caused by lightning

    C

    overloading

    D

    inherent vice


    正确答案: B
    解析: 暂无解析

  • 第8题:

    单选题
    Off hire is when a vessel breaks down,strands,or has any damage that prevents the working of cargo or delays the sailing of the vessel.Under which of the following charter parties is off hire mostlikely to be mentioned?().
    A

    Bareboat

    B

    Voyage

    C

    Time

    D

    Lease


    正确答案: A
    解析: 暂无解析

  • 第9题:

    单选题
    ()means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier,or any person by whom or in whose name or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage of goods by sea.
    A

    Shipper

    B

    Charterer

    C

    Shipowner

    D

    Carrier


    正确答案: A
    解析: 暂无解析

  • 第10题:

    单选题
    Should it appear that war or blockade would prevent the vessel from safely reaching the port of destination and / or discharging the goods thereat,the Carrier().
    A

    is entitled to discharge the goods at the port of loading or any other safe and convenient place and terminate the contract of carriage

    B

    is not entitled to terminate the contract of carriage

    C

    is not entitled to claim against the shipper or charterer any damage that he will suffer with the cargo on board

    D

    is entitled to claim freight with the cargo on board


    正确答案: C
    解析: 暂无解析

  • 第11题:

    单选题
    ()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.
    A

    The Merchant

    B

    The Carrier

    C

    The Ship Owners

    D

    Both the Merchant and the Carrier


    正确答案: A
    解析: 暂无解析

  • 第12题:

    单选题
    Off hire is when a vessel breaks down,strands,or has any damage that prevents the working of cargo or delays the sailing of the vessel.Under which of the following charter parties is off hire most likely to be mentioned?().
    A

    Bareboat

    B

    Voyage

    C

    Time

    D

    Lease


    正确答案: D
    解析: 暂无解析

  • 第13题:

    Off hire is when a vessel breaks down,strands,or has any damage that prevents the working of cargo or delays the sailing of the vessel.Under which of the following charter parties is off hire most likely to be mentioned? ______.

    A.Bareboat

    B.Voyage

    C.Time

    D.Lease


    正确答案:C

  • 第14题:

    It is possible,and sometimes necessary,to strengthen the deck of a vessel for carriage of deck cargo by ______.

    A.placing bunker on the deck

    B.building a stage on which to place the cargo

    C.welding steel feet to the deck,on which the cargo is placed

    D.erecting vertical pillars under the deck to support the cargo


    正确答案:D

  • 第15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!


    问题 1 答案解析:A


    问题 2 答案解析:A


    问题 3 答案解析:A


    问题 4 答案解析:D

  • 第16题:

    The bill of lading serves as an evidence of the contract of carriage of goods by sea between the().

    • A、carrier and consignee
    • B、carrier and shipper
    • C、shipper and consignee
    • D、shipper and receiver

    正确答案:B

  • 第17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18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 from().
    A

    Unseaworthiness when sailing

    B

    Insufficient packing

    C

    Quarantine delays

    D

    Mismanagement of the vessel


    正确答案: D
    解析: 暂无解析

  • 第19题:

    单选题
    When the carrier is liable for compensation in respect of loss of or damage to the goods such ()shall be calculated by reference to the invoice value of the goods plus freight charges and insurance if paid.
    A

    cost

    B

    compensation

    C

    value

    D

    price


    正确答案: A
    解析: 暂无解析

  • 第20题:

    单选题
    It is possible,and sometimes necessary,to strengthen the deck of a vessel for carriage of deck cargo by().
    A

    placing bunker on the deck

    B

    building a stage on which to place the cargo

    C

    welding steel feet to the deck,on which the cargo is placed

    D

    erecting vertical pillars under the deck to support the cargo


    正确答案: A
    解析: 暂无解析

  • 第21题:

    单选题
    Goods may be dangerous not merely by reason of the fact that they may endanger the safety of the vessel,but also because they are liable to cause the vessel to be().
    A

    despatched

    B

    detained

    C

    detected

    D

    delivered


    正确答案: A
    解析: 暂无解析

  • 第22题:

    单选题
    Damage to another vessel’s cargo,caused by a collision,is covered under which marine insurance policy?().
    A

    Hull

    B

    Fire

    C

    Protection and Indemnity

    D

    None of the above


    正确答案: C
    解析: 暂无解析

  • 第23题:

    单选题
    If the master improperly jettisons goods,()will be liable.
    A

    the cargo owner

    B

    the Shipowner

    C

    the shipper

    D

    the receiver


    正确答案: D
    解析: 暂无解析