If the ship is disabled by excepted perils while completing a voyage on which she was ______ at the time of chartering,the Shipowner will not be excused.A.doneB.madeC.engagedD.taken
If the ship is disabled by excepted perils while completing a voyage on which she was ______ at the time of chartering,the Shipowner will not be excused.
A.done
B.made
C.engaged
D.taken
相关考题:
____, where a ship is refitted for a different useA.Voyage repairsB.Routine dockingC.Damage repairsD.Conversion
SEAWORTHINESS means ______ the vessel with her master and crew is herself fit to encounter the perils of the voyage and also that she is fit to carry the cargo safely on that voyage.A.whichB.whereC.whenD.that
If a chartered ship is prevented from,or delayed in,getting to the loading port by peril excepted during the voyage,the exception clauses ______.A.applyB.complyC.supplyD.reply
Usually the Charterer has to redeliver the ship in the same good order ______ when delivered,fair wear and tear excepted.A.inB.byC.onD.as
______ is a charter form,in which the bare ship is chartered without crew and Charterer takes over the vessel with a minimum of restrictions.A.Time CharterB.Trip CharterC.Demise CharterD.Voyage Charter
If it is clear that the damage must have arisen either from bad stowage or from perils of the sea,and are excepted,in order to escape liability the Shipowner must show that the damage arose from the latter.“the latter”refers to ______A.the ShipownerB.bad stowageC.perils of the seaD.the shipper
The term SEAWORTHY TRIM means ______ the ship must be in trim to meet the perils of the passage by sea to the next port not only in the sense that she should be left with an adequate amount of cargo to keep her on an even keel,but also that where necessary part of her cargo should be bagged to stop it shifting while out at sea.A.itB.thatC.whereD.while
The Shipowner ______ that the ship shall proceed on the voyage with reasonable despatch.A.containsB.occursC.encountersD.undertakes
During the voyage the ship encountered ______ winds and weather,during which time she labored heavily and to such extent that at times it was necessary to change courses and reduce speeds in order to ease her and prevent damage to herself and her cargo.A.largeB.bigC.boisterousD.high
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!
()refers to the repair the ship every year.A、Voyage repairB、Annual repairC、Periodical repairD、Survey check
单选题The angle to which a floating ship,with a negative initial metacentric height,lies while at rest in still water is the angle of().AtrimByawCheelDloll
单选题SEAWORTHINESS means()the vessel with her master and crew is herself fit to encounter the perils of the voyage and also that she is fit to carry the cargo safely on that voyage.AwhichBwhereCwhenDthat
单选题It is an()condition precedent in every voyage charter-party that the ship shall proceed on the voyage without departure from her proper course.AimplementedBimpliedCimpossibleDimproper
单选题The Shipowner cannot rely on the excepted perils if he has not()due diligence to make the ship seaworthy and its nonfulfilment causes the damage,nor can he do so if the vessel makes an unreasonable deviation.ArealizedBpracticedCmaintainedDexercised
单选题The present voyage of my ship began at the port of Shanghai after loading 8000 tons of cargo on board and ended after discharging the cargo at the port of Hong Kong, which is().Athe port of destinationBthe next port of callCthe port of arrivalDthe last port of call
单选题Advance freight must()to the Shipowner even if the goods are lost (by excepted perils) before payment,where they are lost after the due date of payment; nor is it recoverable if the goods are so lost after payment.ApayBbe payingChave paidDbe paid
单选题The term SEAWORTHY TRIM means()the ship must be in trim to meet the perils of the passage by sea to the next port not only in the sense that she should be left with an adequate amount of cargo to keep her on an even keel,but also that where necessary part of her cargo should be bagged to stop it shifting while out at sea.AitBthatCwhereDwhile
单选题Usually the Charterer has to redeliver the ship in the same good order()when delivered,fair wear and tear excepted.AinBbyConDas
单选题The carrier has,before and at the beginning of the voyage,to()due diligence to make the ship seaworthy.ApayBexportCimportDexercise
单选题It should be()that any maritime liens attaching to the ship at the time of her arrest have priority over the claim for which she was arrested.AnotedBseenCwatchedDtaken
单选题To earn lump sum freight,either()must complete the voyage,or else the cargo must be transshipped,or forwarded by some means other than the ship in which it was originally loaded,and delivered by the Shipowner or his agents at its destination.Athe ShipownerBthe shipperCthe consignorDthe consignee
单选题If a chartered ship is prevented from,or delayed in,getting to the loading port by peril excepted during the voyage,the exception clauses().AapplyBcomplyCsupplyDreply
单选题During the voyage my ship()bad weather in the Pacific Ocean.Ameets withBhas met withCmet withDmeeted with
单选题If the ship is disabled by excepted perils while completing a voyage on which she was()at the time of chartering,the Shipowner will not be excused.AdoneBmadeCengagedDtaken
单选题The Charterer is entitled to the benefit of the excepted perils during the transit of the goods from storing place to the actual place of loading,provided such transit substantially ()part of the operation of loading.Ahas the form of aBformsCis in the form of aDis to form a
单选题If it is clear that the damage must have arisen either from bad stowage or from perils of the sea,and are excepted,in order to escape liability the Shipowner must show that the damage arose from the latter.“the latter”refers to()Athe ShipownerBbad stowageCperils of the seaDthe shipper