It has been held that the Shipowner will be liable for the loss of or damage to the goods even if this is due to excepted perils,unless he can prove that he has ______ proper care of them whilst they were in his custody.A.madeB.takenC.gottenD.given
It has been held that the Shipowner will be liable for the loss of or damage to the goods even if this is due to excepted perils,unless he can prove that he has ______ proper care of them whilst they were in his custody.
A.made
B.taken
C.gotten
D.given
相关考题:
The Seller shall be liable ()the Buyer () any loss or damage to the Buyer.A、to…onB、to…atC、for…forD、to…for
Even if the Shipowner is liable for the loss of or damage to the goods whilst in his custody, his ________ may have been limited by a clause in the contract or by statute, so that the owner of the cargo will be unable to recover the full amount of his loss.A.libertyB.liabilityC.possibilityD.reasonability
If the Shipowner can only show that some part of the damage to the goods was due to a cause within the exception, he must also show how much of the damage is comprised in that part, otherwise he is liable ________ .A.for the partB.for the wholeC.for the parts of damage not due to causes within the exceptionD.for the parts of damage due to causes within the exception
If the Shipowner has agreed to receive deck cargo, ________ must contribute to the loss, provided the owner of the jettisoned goods is the sole cargo owner.A.the shipB.the ship and the freightC.the freightD.neither the ship nor the freight
In the case of ________ the Insured ship,this Company shall be liable for the reasonable costs of replacements and repairs.A.loss of or damage toB.a partial loss toC.the missing ofD.a total loss of
______ Charterer and Shipowner agreed on instructions which were ambiguous and were misinterpreted in good faith by the master,it was held that the Charterer could not hold the Shipowner liable.A.WhetherB.WhereC.ThatD.Which
The person who signs the bill of lading without the authority of the Shipowner stating that goods have been shipped,and they have in fact not been shipped at all,______ liable to an indorsee of the bill of lading,who has relied on that statement,for damages for breach of warranty of authority.A.haveB.hasC.areD.is
Owners are to be responsible for loss of or damage to the goods or delay in delivery of the goods only in case the loss,damage or delay has been caused by the improper or negligent stowage of the goods.This means that ______.A.Owners are to be responsible for loss or damage even such loss or damage is not caused by the improper stowageB.Owners are only responsible for the loss or damage or delay caused by improper or negligent stowage.C.Both A and B are rightD.Both A and B are wrong
The Insurance Company shall be liable for ______.A.loss or damage caused by unseaworthiness of the insured shipB.demurrage of the insured ship and other indirect expensesC.reasonable expenses for ascertaining the loss or damage within the scope of CoverD.A,B,C are all wrong
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:The fact that the GOODs were damaged raises a prima facie case of negligence which can only be cleared by the carrier by showing what actually occurred. For example,a ship carried grain on MS Great Lakes to a port where it was stored aboard the ship under a special storage contract for 22 days after which it was discovered to be wet.Rough weather during the voyage was alleged but the Court insisted on strict proof of how and when the rough weather caused the wetting.Therefore,to rebut the presumption of fault when relying upon its own reasonable care,the carrier must further prove that the damage was caused by something other than its own negligence.Once the shipper establishes a prima facie case,under“the policy of the law”the carrier must“explain what took place or suffer the consequences”.The law casts upon the carrier the burden of the loss which it cannot explain or,explaining,bring within the exception case in which he is relieved from liability.问题:The best title of this passage is ______.A.The liabilities on the part of the carrier and shipperB.Loss of and damage to cargoesC.The burden of proof on the part of the shipperD.The burden of proof on the part of the carrierIt is concluded from this passage that MS Great Lakes ______.A.was liable for the wet damage if it could not prove how and when the rough weather caused the wettingB.was liable for the wet damage even it could prove how and when the rough weather caused the wettingC.was liable for the wet damage even it could not prove how and when the rough weather caused the wettingD.was not liable for the wet damage if it could not prove how and when the rough weather caused the wettingAccording to this passage,_______.A.If a carrier cannot bring the reason of the loss into the exception case in which he is relieved from liability,he is liable for the lossB.Even a carrier can bring the reason of the loss into the exception case in which he is relieved from liability,he is still held liable for the loss by the courtC.Should a carrier bring the reason of the loss into the exception case in which he is relieved from liability,he could be held liable for the loss by the courtD.Should a carrier not bring the reason of the loss into the exception case in which he is relieved from liability,he could not be held liable for the loss by the courtThe prima facie case of negligence in this passage refers to the one in which ______.A.a presumption of fault was made on the part of the carrierB.a presumption of fault was made on the part of the shipperC.a reasonable care was used by the carrierD.a reasonable care was used by the shipper请帮忙给出每个问题的正确答案和分析,谢谢!
材料:Some older decisions have held that the carrier,in order to rebut the presumption of liability resulting from the arrival in damaged condition of GOODs shipped undamaged,must prove not only that the loss or damage was caused by one of the excepted perils,but also that the harm did not result from any negligence on the carriers part.Most more recent decisions and authors,however,uphold the view that,in general,the carrier may rebut the claimants prima facie case simply by proving that the loss was caused by an excepted peril.At that point,the onus switches to the cargo claimant to prove that the true cause of the loss was the carriers negligence.Nevertheless certain Hague and Hague/Visby Rules exceptions,expressly or implicitly,also require the carrier to negative its own negligence in proving the exception itself.For example,a clause in the said rules expressly imposes on the carrier the burden of proving that the loss or damage occurred without its actual fault or privity and without any fault or neglect on the part of its servants or agents.The carrier,however,must truly prove the existence of one or more of the exceptions and their causative role in respect of the loss or damage.Conjectures and speculation do not take the place of hard evidence.A court has held:“Mere speculation will not overcome the prima facie evidence of a clean bill of lading”.问题:The carrier will be held liable for the loss or damage if _______.A.it is proved that he has privity to the loss or damageB.it is proved that the fault or neglect on his part is not the true cause of the loss or damageC.it is too onerous for him to demonstrate that the loss or damage is caused by what is beyond his controlD.if there are conjectures and speculationIn accordance with old decisions,the carrier will not be excused unless he has proved that _______.A.not only the loss or damage was caused by one of the excepted perils,but also that the harm did not result from any negligence on the his partB.the loss or damage was caused by one of the excepted perilsC.the harm did not result from any negligence on his partD.there are conjectures and speculationIn accordance with most more recent decisions and authors,the carrier will not be excused unless he has proved that _______.A.not only the loss or damage was caused by one of the excepted perils,but also that the harm did not result from any negligence on the his partB.the loss or damage was caused by one of the excepted perilsC.the harm did not result from any negligence on his partD.there are conjectures and speculationIt is concluded that _______.A.The carrier is not in a position to prove the loss or damage is substantially caused by one or more of the excepted perilsB.It can not be decided that whether the carrier has to prove the loss or damage is substantially caused by one or more of the excepted perils because there are some differences between the decisions and authors and requirements of Hague and Hague/Visby RulesC.The carrier does not have to prove the loss or damage is substantially caused by one or more of the excepted perils due to the fact that there are some differences between the decisions and authors and requirements of Hague and Hague/Visby RulesD.The carrier must truly prove the loss or damage is substantially caused by one or more of the excepted perils even there are some differences between the decisions and authors and requirements of Hague and Hague/Visby Rules请帮忙给出每个问题的正确答案和分析,谢谢!
单选题Although the Shipowner may be responsible for the loss or damage to the goods,his liability may be limited()the terms of the contract or the statute.AwithBonCforDby
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().AUnseaworthiness when sailingBInsufficient packingCQuarantine delaysDMismanagement of the vessel
单选题The Shipowner continues to be liable as a carrier()by the contract,or in the usual course of business,the transit is terminated and the goods have been warehoused for their owner to be ready to receive them.AwhenBthe timeCthe dayDuntil
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.AcostBcompensationCvalueDprice
单选题If dangerous goods have been thrown overboard by the Shipowner or the master,()can be made liable for their loss.AeitherBthe masterCthe ShipownerDneither
单选题Owners are to be responsible for loss of or damage to the goods or delay in delivery of the goods only in case the loss,damage or delay has been caused by the improper or negligent stowage of the goods.This means that().AOwners are to be responsible for loss or damage even such loss or damage is not caused by the improper stowageBOwners are only responsible for the loss or damage or delay caused by improper or negligent stowageCBoth A and B are rightDBoth A and B are wrong
单选题()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.AThe carrierBThe ShipownerCThe carrier or the ShipownerDNeither the carrier nor the Shipowner
单选题Although the Shipowner may be responsible for the loss or damage to the goods,his liability may be limited by the terms of().ASTCWBIMDGCSOLASDThe contract or the statute
单选题Even if()vessel was unseaworthy,a Shipowner can still rely on the exception perils if the loss has not been caused by unseaworthiness.AherBtheirCitsDhis
单选题It has been held that the Shipowner will be liable for the loss of or damage to the goods even if this is due to excepted perils,unless he can prove that he has()proper care of them whilst they were in his custody.AmadeBtakenCgottenDgiven
单选题It has been decided that a collision due to any cause other than the negligence of the Shipowner or his servants is within the scope of().Aact of GodBperil of the seaCqueen's enemiesDinherent vice in the goods
单选题If the Shipowner relies on an excepted peril,he must()that the loss or damage was caused thereby.AproveBapproveCdisproveDimprove
单选题The carrier is liable for loss of or damage to the goods or delay in delivery caused by fire,()the claimant proves that the fire arose from fault or neglect on the part of the carrier,his servants or agents.AshouldBshallCthatDif
单选题If the state of the goods at the time they were handed over to the consignee has been the subject of a joint survey or inspection by the parties,notice in writing()be given of loss or damage ascertained during such survey or inspection.AneedBneed notCwillDto
单选题The person who signs the bill of lading without the authority of the Shipowner stating that goods have been shipped,and they have in fact not been shipped at all,()liable to an indorsee of the bill of lading,who has relied on that statement,for damages for breach of warranty of authority.AhaveBhasCareDis
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.AThe MerchantBThe CarrierCThe Ship OwnersDBoth the Merchant and the Carrier