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.A.firmB.sureC.goodD.fair
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.
A.firm
B.sure
C.good
D.fair
相关考题:
The ship, () to a shapeless wreck, was hardly recognizable. A.being reducedB.reducingC.reducedD.having been reducing
Millions of pounds’ worth of damage ( ) by a storm which swept across the north of England last night. A. has been causedB.have been causedC.will be causedD.will have been caused
Millions of pounds’ worth damage ______ by a storm which swept across the north of England last night. A has been causedB had been causedC will be causedD will have been caused
The Greek sip drifted and struck the portside of a Chinese ship,which________the Stanchion(支柱).A.caused damage toB.had collison withC.was damagingD.was causing damage to
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
A Master should file a marine note of protest if ______.A.cargo was received at ship side which was damaged in land transitB.longshore labor went on strike in the port causing undue vessel delayC.portions of his vessel's cargo were illegally impounded in a foreign portD.the vessel encountered heavy weather which might have caused cargo damage
The Greek ship drifted and struck the portside of a Chinese ship,which ______ the bulwalk and Stanchions.A.caused damage toB.had collision withC.was damagingD.was causing damage to
______ 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 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
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
Which statement about general average is TRUE ________.A.Damage to a ship must have been incurred while the ship and/or its machinery was being used for its intended purposeB.Property must have been sacrificed or an expenditure of money incurredC.The loss or damage to deck cargo due to heavy weather constitutes general averageD.Of the ship,the freight,and the cargo interests,only one need be involved
The ship ______ on a low rock was broken in two by the waves.A.That had been drivenB.Had been drivenC.Have been drivenD.Which to have been driven
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A Master should file a marine note of protest if().Acargo was received at ship side which was damaged in land transitBlongshore labor went on strike in the port causing undue vessel delayCportions of his vessel's cargo were illegally impounded in a foreign portDthe vessel encountered heavy weather which might have caused cargo damage
单选题A Master would be well advised to file a note of protest if().APortions of his vessel's cargo were illegally impoundedBLongshore labor went on strike in a port causing undue vessel delayCCargo was received at ship side which was damaged in land transitDThe vessel encountered heavy weather which might have caused bottom damage
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If the carrier is responsible for the damage or loss of the cargo,()will have to pay to the insurance company.Athe cargo holderBthe ShipownerCthe ship's crewDthe P and I Club
单选题If the ordered spare parts have been modified by manufacturer, which of the following should be pay attention to?()AqualityBreliabilityCprice fluctuatingDapplicability
单选题I must hold()for any damage which may result from the accidents you have caused.Ayour responsibleByou responsibleCyou are responsibleDyour are responsible
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In North America, ______.Aconsumers cut down 2 and half million hectares of forest each year.Bthe forest service spends a huge sum of money trying to repair the damage caused by consumers.Cdeforestation has cause huge amount of loss.Dfires have caused steep loss to the forests.
单选题()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.AA carrierBA consigneeCA consignerDA receiver