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
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
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!
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!
第5题:
The consignee in international carriage of goods by sea normally refers to ().
第6题:
Bill of lading
Bill of exchange
Mate's receipt
Manifest
第7题:
poor stowage of cargo in a container
fire caused by lightning
overloading
inherent vice
第8题:
Bareboat
Voyage
Time
Lease
第9题:
Shipper
Charterer
Shipowner
Carrier
第10题:
is entitled to discharge the goods at the port of loading or any other safe and convenient place and terminate the contract of carriage
is not entitled to terminate the contract of carriage
is not entitled to claim against the shipper or charterer any damage that he will suffer with the cargo on board
is entitled to claim freight with the cargo on board
第11题:
The Merchant
The Carrier
The Ship Owners
Both the Merchant and the Carrier
第12题:
Bareboat
Voyage
Time
Lease
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
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
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!
第16题:
The bill of lading serves as an evidence of the contract of carriage of goods by sea between the().
第17题:
delays due to seizure of the vessel
fire caused by fault of the carrier
strikes or lockouts
improper stowage
第18题:
Unseaworthiness when sailing
Insufficient packing
Quarantine delays
Mismanagement of the vessel
第19题:
cost
compensation
value
price
第20题:
placing bunker on the deck
building a stage on which to place the cargo
welding steel feet to the deck,on which the cargo is placed
erecting vertical pillars under the deck to support the cargo
第21题:
despatched
detained
detected
delivered
第22题:
Hull
Fire
Protection and Indemnity
None of the above
第23题:
the cargo owner
the Shipowner
the shipper
the receiver