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.A.withB.onC.forD.by

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.

A.with

B.on

C.for

D.by


相关考题:

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

The Shipowner must not stow goods on deck ______ there is a trade usage to that effect or the Charterer has given his express or implied consent.A.whetherB.ifC.unlessD.that

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

Even if ______ vessel was unseaworthy,a Shipowner can still rely on the exception perils if the loss has not been caused by unseaworthiness.A.herB.theirC.itsD.his

If the carrier is responsible for the damage or loss of the cargo,______ will have to pay to the insurance company.A.the cargo holderB.the ShipownerC.the ship's crewD.the P and I Club

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

Although goods have been lost or damaged whilst in the custody of the Shipowner,______ not necessarily responsible,for his liability in respect of them may have been excluded by the rules of common law or by the express terms of the contract or by statute.A.she isB.he isC.they areD.it is

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: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!

A little ()may cause great damage or loss.A、careB、carelessC、carelessnessD、careful

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 the bill of lading()contain a space in which the shipper can insert the declared value of the goods,the Shipowner is not entitled to limit his liability.AdoesBdidCdoes notDwill not

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Although goods have been lost or damaged whilst in the custody of the Shipowner,()not necessarily responsible,for his liability in respect of them may have been excluded by the rules of common law or by the express terms of the contract or by statute.Ashe isBhe isCthey areDit is

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Dunnage may be used to protect a cargo from loss or damage by().Aship's sweatBinherent viceCtaintingDhygroscopic absorption

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The Shipowner must not stow goods on deck()there is a trade usage to that effect or the Charterer has given his express or implied consent.AwhetherBifCunlessDthat

单选题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.AbyBtoCatDfor

单选题Where goods are stowed on deck without the shipper’s consent,the()is alone responsible for its loss by jettison,because he has placed them in a dangerous position in violation of his undertaking to carry them safely.AChartererBShipownerCCargoownerDMerchant

单选题In order to maintain his business during a bad time, a manufacturer may_____.Ahave his goods produced at low costBsell his goods at a very low priceChave his employees sell his goodsDtry to produce high quality goods