单选题The carrier is entitled to carry the goods on deck only if such carriage is in accordance()an agreement with the shipper or with the usage of the particular trade or is required by statutory rules or regulations.AtoBinConDwith

单选题
The carrier is entitled to carry the goods on deck only if such carriage is in accordance()an agreement with the shipper or with the usage of the particular trade or is required by statutory rules or regulations.
A

to

B

in

C

on

D

with


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________ 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 undertakes to deliver the goods against surround of the document.A.Bill of ladingB.Bill of exchangeC.Mate's receiptD.Manifest

________ 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.ShipperB.ChartererC.ShipownerD.Carrier

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.2000B.8000C.4000D.10000The carrier is most likely to verify ______ of the goods.A.the weightB.the descriptionC.the marksD.the damagesThe purpose of this clause is to protect the interests of ______ .A.the carrierB.the shipperC.the merchantD.all the parties concernedDamages caused by inaccuracies in stating the description,quantity,weight,measurement or contents of the goods will be responsible by ______.A.the carrierB.the shipperC.the ownerD.the consignee请帮忙给出每个问题的正确答案和分析,谢谢!

Cargo on deck,plants and live animals are usually received,handled,carried,kept and discharged at ______.A.Carrier’s riskB.Owner’s riskC.Merchant’s riskD.Charterer’s risk

______ 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 carrierB.A consigneeC.A consignerD.A receiver

If he is a common carrier,he is absolutely responsible to the owner of the goods carried ______ any loss or damage to them unless caused by an Act of God or the Queen's enemies,or the inherent vice in the goods themselves,or the negligence of the owner of the goods,or a general average sacrifice.A.byB.toC.atD.for

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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 deckB.On deckC.On deck onlyD.Under deck only

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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 transfereeB.the title to the GOODs from the transferee to the transferorC.in no way the title to the GOODs from the transferor to the transfereeD.the GOODs to the party entitled to their possessionThe 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 GOODsB.by having the carrier actually delivered the GOODs to himC.by having the transferor endorsed the nonnegotiable billD.in no wayIf 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 liableB.he is not liableC.it can not be determined whether he is liable or notD.whether he is liable or not is to be determined by the law of the ship’s flagIn 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.heB.the transferorC.the transfereeD.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!

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 ships 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 buyerB.the shipper and the consignee or endorseeC.the carrier and the consignee or endorseeD.the shipper and the carrierIt 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 lawsB.by a mainstay of the common law in particularC.by virtue of the historic principle of privity of contractD.by shipping practiceWhen GOODs are sold prior to shipment the risk in the GOODs passes ________.A.from the shipper to the carrierB.from the seller to the buyerC.from the carrier to the shipperD.from the buyer to the sellerWhen GOODs are sold prior to shipment the shipper ________.A.is not usually the party who actually suffers the subsequent lossB.is usually the party who actually suffers the subsequent lossC.will still be the owner of the GOODs at the time when the loss or damage occursD.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!

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 bills 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 statementB.a problemC.an optionD.a typewritten or handwritten wording on its faceIf there is no deck stowage statement on the face of B/L,it is implied that ________.A.all cargoes are stowed under deckB.all cargoes are stowed on deckC.cargoes are stowed either on or under deckD.it can not be decided whether cargoes are stowed on or under deckIf a handwritten wording on the face of B/L is in conflict with one of its printed clause,________.A.the handwritten wording shall prevailB.the printed clause shall prevailC.both the handwritten wording and the printed clause shall be ignoredD.the B/L shall become null and voidThe 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 deckB.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 deckC.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 deckD.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!

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