The ______ shall bear the burden of proof with respect to the loss，damage or delay in delivery resulting from the other cause．A.carrierB.shipperC.consignerD.consignee
The ______ shall bear the burden of proof with respect to the loss，damage or delay in delivery resulting from the other cause．
A.carrier
B.shipper
C.consigner
D.consignee
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
A clause in a bill of lading stating that the carrier would not be liable for any damage unless the shipper proved negligence or lack of due diligence on the carrier's part was held to be void because ________A.it shifted the burden of proof from the carrier to the shipperB.it shifted the burden of proof from the shipper to the carrierC.it denied the burden of proofD.it did not specify the burden of proof
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
If the Shipowner proves that prima facie the cause of damage was excepted，the burden of proof shifts to ______.A.the ShipownerB.the shipperC.the ChartererD.the carrier
Because most，if not all，of the evidence ______ the carrier，the burden of proof soon shifts to the carrier，once the claimant has made initial proof of improper care.A.are available forB.is available toC.are available toD.is available for
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
When the carrier is liable for the compensation in respect of loss of or damage to the goods，such compensation shall be calculated on the basis of the Merchant's net invoice cost，plus freight and insurance premium，if paid． This sentence means that ______.A.if the freight and insurance premium are paid，they shall be added to the basisB.if the freight and insurance premium are not paid，they shall be added to the basisC.the freight and insurance premium shall not be added to the basis even they are paidD.the freight and insurance premium shall be added to the basis even they are not paid
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
Certificate of insurance or other financial security in respect of civil liability for oil pollution damage shall be carried on board by ______．A.ships carrying more than 2000 tons of oil in bulk as cargoB.oil tankersC.bulk chemicals carriersD.liquefied gas carriers
All loss of time and expenses（excluding any damage to or loss of the Vessel）_______ in saving or attempting to save life and in unsuccessful attempts at salvage shall be borne equally by Owners and Charterers．A.OccurredB.HappenedC.AppearedD.Incurred
In accordance with GENCON，Owners shall have a lien on ______ for detention．A.the cargo for freight，dead-freight，demurrage and damagesB.dispatch moneyC.premium if paidD.total and/or partial loss of and/or damage to the vessel
In the event the Buyers do not take delivery of the Vessel within the period specified，______ the liquidated damage for each day of the delay up to the tenth（10th ）day of the delay．A.the Buyers shall pay to the SellersB.the Buyers shall pay to the CharterersC.the Sellers shall pay to the BuyersD.the Sellers shall pay to the Charterers
Where bulk cargo or goods without marks or cargo with the same marks are shipped to more than one Consignee，the Consignees or owners of the goods shall______ bear any expense or loss in dividing the goods or parcels into pro rata quantities．A.SeverallyB.JointlyC.Severally and jointlyD.Jointly and severally
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Damage by（）shall not be considered as handling damage.Aexposure to inclement weather conditionsBcarelessnessCthe use of improper gearDmoisture caused by condensation
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Any partial loss or damage shall be（）pro rata on the basis of such declared value.AadjustedBarrangedCdeterminedDfixed
单选题（）anything provided for in Clause 7 and 8 of this bill of lading and subject to Clause 17，if it can be proved where the loss or damage occurred the carrier and the merchant shall，as to the liability of the carrier，be entitled to require such liability to be determined by the provisions contained in any relevant international convention or national law.ANotwithstandingBWhatsoeverCWhereaboutDNevertheless
单选题Because most，if not all，of the evidence（）the carrier，the burden of proof soon shifts to the carrier，once the claimant has made initial proof of improper care.Aare available forBis available toCare available toDis available for
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 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Loss or damage caused by cutting away wreck or parts of the ship which have been previously carried away or are effectively lost by accident shall not be made（）as general average．AfirmBsureCgoodDfair
单选题A clause in a bill of lading stating that the carrier would not be liable for any damage unless the shipper proved negligence or lack of due diligence on the carrier’s part（）to be void because it shifted the burden of proof from the carrier to the shipper.Awas heldBwas carried outCwas encounteredDwas detained