The carrier shall not be liable for the loss of or damage to the goods occurred during the period of carrier's responsibility arising or resulting from any of the following causes except ______.A.Fire,unless caused by the actual fault of the carrierB.Force majeure and perils,dangers and accidents of the sea or other navigable watersC.War or armed conflictD.Intentional misconducts by the crew members on board the ship against the carrier

The carrier shall not be liable for the loss of or damage to the goods occurred during the period of carrier's responsibility arising or resulting from any of the following causes except ______.

A.Fire,unless caused by the actual fault of the carrier

B.Force majeure and perils,dangers and accidents of the sea or other navigable waters

C.War or armed conflict

D.Intentional misconducts by the crew members on board the ship against the carrier


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

________ 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.A.The ShipownerB.The MerchantC.The CarrierD.Both the Merchant and the Carrier

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

A carrier or a shipper ________ to enter into any agreement, stipulation, condition, reservation or exception as to the responsibility and liability of the carrier or the ship for the loss of or damage to, or in connection with, the custody and care and handling of the goods prior to the loading on, and subsequent to the discharge from, the ship on which the goods are carried by sea.A.is entitledB.are entitledC.entitlesD.entitle

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

材料:The carrier is entitled,at port of shipment and / or port of discharge,to verify the quantity,weight,measurement and contents of the goods as declared by the merchant.If the weight,measurement,and / or contents of such goods as stated in the bill of lading turn out to be inconsistent with that of the goods actually loaded,and the freight paid falls short of the amount which would have been due if such declaration had been correctly given,the carrier is entitled to collect from the merchant as liquidated damages to the carrier double the amount of difference between the freight for the goods actually shipped and that mis-stated.The merchant 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 of the goods and shall indemnify the carrier for the costs and expenses in connection with weighing,measuring and checking such goods.问题:A cargo of 1000 tons was actually shipped with the freight rate of US$10 per ton, but the shipper declared that it was 800 tons and the freight paid short accordingly. The carrier is entitled to claim from the shipper as liquidated damages the sum of US$ ______.A.2000B.8000C.4000D.10000The carrier is most likely to verify ______ of the goods.A.the weightB.the descriptionC.the marksD.the damagesThe purpose of this clause is to protect the interests of ______ .A.the carrierB.the shipperC.the merchantD.all the parties concernedDamages caused by inaccuracies in stating the description,quantity,weight,measurement or contents of the goods will be responsible by ______.A.the carrierB.the shipperC.the ownerD.the consignee请帮忙给出每个问题的正确答案和分析,谢谢!

______ is entitled to enter into,with a shipper,any agreement,stipulation,condition,reservation or exception as to the responsibility and liability of the carrier or the ship for the loss of or damage to,or in connection with,the custody and care and handling of the goods prior to the loading on,and subsequent to the discharge from,the ship on which the goods are carried by sea.A.A carrierB.A consigneeC.A consignerD.A receiver

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

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

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

Where both the carrier and the actual carrier are liable for compensation,they shall ______ be liable within the scope of such liability.A.separatelyB.jointlyC.severallyD.jointly and severally

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: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In the case of any actual or apprehended loss or damage the carrier and receiver must()all reasonable facilities to each other for inspecting and tallying the goods.AmakeBtakeChaveDgive

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()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()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