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.heB.sheC.itD.the shipper

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


相关考题:

What can David do if the goods do not meet the requirements() A. Honor the contract.B. Cancel the contract.C. Load the goods.

听力原文:W: Why is the bill of lading so important?M: Because it shows the terms of the contract of carriage, gives evidence of the shipment of goods, and makes sure that the holder of it has the property in the goods.Q: Which is one of the functions of a bill of lading but not mentioned in the conversation?(18)A.The receipt of the goods given by the ship master.B.The evidence of the terms of the contract of carriage.C.The evidence of the shipment of goods.D.The evidence that the holder of it has the property in the goods.

________ 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

Without ______ to the foregoing,every such servant,agent and subcontractor shall have the benefit of all provisions contained herein benefiting the carrier as if such provisions were expressly for their benefit; and in entering into this contract,the carrier,to the extent of those provisions does so not only on its own behalf,but also as agent and trustee for such servants,agents and sub-contractors.A.damageB.injuryC.breakD.prejudice

______ means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper.A.ChartererB.ConsigneeC.ConsignorD.Carrier

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.requiredB.provided forC.requestedD.supplied

Sometimes charter-party expressly prohibit the loading of dangerous goods,but sometimes a Charterer is entitled by an express term to load them provided that due notice is given ______.A.to the masterB.the chartererC.the merchantD.receiver

Apart from special contract or statute every Shipowner is ______ a liability akin to that of a common carrier,irrespective of whether the goods were shipped by a Charterer or on a general ship.A.onB.inC.underD.at

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 toB.Inject toC.Object toD.Project to

Where a container,pallet or similar article of transport is used to consolidate goods,the number of packages or units enumerated in the bill of lading as packed in such article of transport ______ to be the number of packages or units in calculating the amount beyond which the carrier or the ship is not reliable.A.Is deemedB.Are deemedC.DeemsD.Deem

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: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 ownersB.shippersC.charterersD.the merchantThe duration of the liability of the carrier or ship in respect of loss of or damage to cargo is ________.A.one yearB.three daysC.not mentionedD.variable with the kind of cargo carried and the voyage the vessel has completedThis clause is most likely extracted from ________.A.Hague RulesB.Marpol 73/78C.SOLASD.IMDG CodeIt 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 cargoesB.the shipper shall indemnify the carrier against no loss,damage and expense arising or resulting from inaccuracies in particulars concerning cargoesC.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 himD.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!

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!

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.

The basic functions of a bill of lading is (are)().A、a receipt for the goods which evidences the taking-over or loading by the carrierB、an evidence of contract of carriage between the carrier and the shipper.C、a document of title to goods.D、All of the above.

The bill of lading serves as an evidence of the contract of carriage of goods by sea between the().A、carrier and consigneeB、carrier and shipperC、shipper and consigneeD、shipper and receiver

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.ABill of ladingBBill of exchangeCMate's receiptDManifest

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.AShipperBChartererCShipownerDCarrier

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Sometimes the contract expressly gives the carrier the right to carry the goods beyond their destination,provided that()transships them and sends them back.AheBsheCitDthe shipper

单选题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.ArequiredBprovided forCrequestedDsupplied

单选题Apart from special contract or statute every Shipowner is()a liability akin to that of a common carrier,irrespective of whether the goods were shipped by a Charterer or on a general ship.AonBinCunderDat

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().Ais entitled to discharge the goods at the port of loading or any other safe and convenient place and terminate the contract of carriageBis not entitled to terminate the contract of carriageCis not entitled to claim against the shipper or charterer any damage that he will suffer with the cargo on boardDis entitled to claim freight with the cargo on board

单选题The basic functions of a bill of lading is (are)().Aa receipt for the goods which evidences the taking-over or loading by the carrierBan evidence of contract of carriage between the carrier and the shipper.Ca document of title to goods.DAll of the above.

单选题Sometimes charter-party expressly prohibit the loading of dangerous goods,but sometimes a Charterer is entitled by an express term to load them provided that due notice is given ().Ato the masterBthe chartererCthe merchantDreceiver