________ 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
第1题:
A carrier or a shipper ________ to enter into 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.is entitled
B.are entitled
C.entitles
D.entitle
第2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3题:
The defences and limits of liability ______ in this bill of lading shall apply in any action against the carrier for loss of or damage to the goods whether the action be founded in contract or in tort.
A.required
B.provided for
C.requested
D.supplied
第4题:
材料:
The endorsement of a nonnegotiable bill does not make the bill negotiable or give the transferee any additional right.A person to whom a nonnegotiable bill has been transferred by delivery and agreement to transfer title to the bill or to the GOODs which it represents acquires the title to the GOODs as against the transferor.The transferee may also notify the carrier of the transfer to him,and the carrier is then obligated directly to the transferee for any obligations the carrier owed to the transferor immediately before the notification.
More specifically,the carrier is liable to the owner of GOODs transported under a nonnegotiable bill,subject to the right of stoppage in transit.Besides having to be the owner of the GOODs covered by the nonnegotiable bill,the claimant in such a case must have actually relied in GOOD faith on statements made by the carrier on the bill.The carrier is liable for having stated on the bill that he received GOODs when in fact he had not,and for having delivered the GOODs in a quantity,kind,weight or condition other than as stated on the bill.
In general,the carrier must deliver the GOODs on demand of the consignee named in a nonnegotiable bill of lading.However,on the endorsement of a nonnegotiable bill,the GOODs may be delivered to a party entitled to their possession.The carrier is liable toward the person having title to,or a right to possession of,the GOODs for delivering them to a party not entitled to their possession.
问题:
The endorsement of a nonnegotiable bill transfers ________.
A.the title to the GOODs from the transferor to the transferee
B.the title to the GOODs from the transferee to the transferor
C.in no way the title to the GOODs from the transferor to the transferee
D.the GOODs to the party entitled to their possession
The transferee of a nonnegotiable bill acquires the title to the GOODs ________.A.by taking delivery of the bill and entering into an agreement to transfer title to the bill or to the GOODs
B.by having the carrier actually delivered the GOODs to him
C.by having the transferor endorsed the nonnegotiable bill
D.in no way
If the GOODs were thus transferred,and the carrier delivered the GOODs in a quantity,kind,weight or condition other than as stated on the bill,________.A.he is liable
B.he is not liable
C.it can not be determined whether he is liable or not
D.whether he is liable or not is to be determined by the law of the ship’s flag
In the event of a nonnegotiable bill has been actually transferred,if the carrier stated on the bill that he received GOODs when in fact he had not,________ is liable.A.he
B.the transferor
C.the transferee
D.the person having title to,or a right to possession of,the GOODs
请帮忙给出每个问题的正确答案和分析,谢谢!
第5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6题:
The bill of lading serves as an evidence of the contract of carriage of goods by sea between the().
第7题:
Under the FCA Term, if the buyer nominates a person other than a carrier to receive the goods, the()is deemed to have fulfilled his obligation to deliver the goods when they are delivered to that person.
第8题:
Bill of lading
Bill of exchange
Mate's receipt
Manifest
第9题:
required
provided for
requested
supplied
第10题:
must
may
might
can’t
第11题:
第12题:
whose boycott of English goods was different than any protest the English had seen before
whose boycotting English goods was different than any protest the English had seen before
whose boycott of English goods was different from any protest the English had seen before
whose boycott of English goods was different from any protest the English saw before
whose boycotting of English goods was different from any protest the English have seen before
第13题:
No person whose license has been revoked shall be issued another license except upon ______.
A.approval of the Commandant
B.taking a new examination
C.approval of the Officer-in-Charge,Marine Inspection
D.approval of an administrative law judge
第14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
第15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16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:
The consignee in international carriage of goods by sea normally refers to ().
第19题:
Charterer
Consignee
Consignor
Carrier
第20题:
Shipper
Charterer
Shipowner
Carrier
第21题:
be loaded
be landed
be lended
be loaned
第22题:
A
B
C
D
第23题:
approval of the Commandant
taking a new examination
approval of the Officer-in-Charge,Marine Inspection
approval of an administrative law judge