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 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 ship&39;s 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 buyer

B.the shipper and the consignee or endorsee

C.the carrier and the consignee or endorsee

D.the shipper and the carrier

It 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 laws

B.by a mainstay of the common law in particular

C.by virtue of the historic principle of privity of contract

D.by shipping practice

When GOODs are sold prior to shipment the risk in the GOODs passes ________.A.from the shipper to the carrier

B.from the seller to the buyer

C.from the carrier to the shipper

D.from the buyer to the seller

When GOODs are sold prior to shipment the shipper ________.A.is not usually the party who actually suffers the subsequent loss

B.is usually the party who actually suffers the subsequent loss

C.will still be the owner of the GOODs at the time when the loss or damage occurs

D.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!


相关考题:

INTERNATIONAL TRANSPORTATION Transportation plays an important part in international business because goods produced have to be delivered to the buyers abroad, and the delivery of goods is to be made possible by transportayion services. Goods are carried by several means of transportation - on road or rail, by sea or air.And in recent years,combined transportation which is a road-sea-rail carriage has appeared. With the expansion of international trade, the container service has become popular. The use of containers provides a highly effective form. of transportation by road, rail and sea. Basically, about 98% of world trade is carried out by sea transportation.Besides transportation by sea, road, or rail, nowadays in order to speed up delivery, carriage by air has also become popular.1. Transportation plays an important part in international business because goods produced have to be sent to everywhere in the world.()2. Usually goods are carried by many ways of transportation.()3. In recent years, combined transportation which is a road-sea-rail carriage appeared.()4. With the expansion of international trade, the container service has become popular.()5. The use of containers gives a very helpful method of transportation by air.()

听力原文:W: Why is the bill of lading so important?M: Because it shows the terms of the contract of carriage, gives evidence of the shipment of goods, and makes sure that the holder of it has the property in the goods.Q: Which is one of the functions of a bill of lading but not mentioned in the conversation?(18)A.The receipt of the goods given by the ship master.B.The evidence of the terms of the contract of carriage.C.The evidence of the shipment of goods.D.The evidence that the holder of it has the property in the goods.

________ means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surround of the document.A.Bill of ladingB.Bill of exchangeC.Mate's receiptD.Manifest

A transfer of a bill of lading with the intention of passing the property in the goods ______ the rights and liabilities under the contract of carriage.A.transferredB.did not transferC.recoveredD.did not recovered

Sometimes the contract expressly gives the carrier the right to carry the goods beyond their destination,provided that ______ transships them and sends them back.A.heB.sheC.itD.the shipper

Under every contract of carriage of goods by sea the carrier,in relation to the loading,handling,stowage,carriage,custody,care and discharge of such goods,shall be ______ the responsibilities and liabilities,and entitled to the rights and immunities hereinafter set forth.A.Subject toB.Inject toC.Object toD.Project to

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!

nternational Transport Transport plays an important part in international business because goods produced have to be delivered to the buyers abroad, and the delivery of goods is to be made possible by transport services. Goods are carried by several means of transport on road or rail, by sea or air. And in recent years, combined transport which is a road-sea-rail carriage appeared. With the expansion of international trade, the container service has become popular. The use of containers provides a , highly effective form of transport . by road, rail and sea, Basically , orabout 98% of world trade is carried out by sea transport.Besides transport by sea, road, or rail, nowadays in order to speed up delivery, carriage by air international has also become popular. In recent years,combined transport which is aroad-sea-railcarriageappeared.

nternational Transport Transport plays an important part in international business because goods produced have to be delivered to the buyers abroad, and the delivery of goods is to be made possible by transport services. Goods are carried by several means of transport on road or rail, by sea or air. And in recent years, combined transport which is a road-sea-rail carriage appeared. With the expansion of international trade, the container service has become popular. The use of containers provides a , highly effective form of transport . by road, rail and sea, Basically , orabout 98% of world trade is carried out by sea transport.Besides transport by sea, road, or rail, nowadays in order to speed up delivery, carriage by air international has also become popular. Transport plays an important part in international business because goods produced have to be sent to everywhere in the world.

nternational Transport Transport plays an important part in international business because goods produced have to be delivered to the buyers abroad, and the delivery of goods is to be made possible by transport services. Goods are carried by several means of transport on road or rail, by sea or air. And in recent years, combined transport which is a road-sea-rail carriage appeared. With the expansion of international trade, the container service has become popular. The use of containers provides a , highly effective form of transport . by road, rail and sea, Basically , orabout 98% of world trade is carried out by sea transport.Besides transport by sea, road, or rail, nowadays in order to speed up delivery, carriage by air international has also become popular. Todaycarriagebyairhasbecome popularbecauseitcanspeedupdelivery.

The basic functions of a bill of lading is (are)().A、a receipt for the goods which evidences the taking-over or loading by the carrierB、an evidence of contract of carriage between the carrier and the shipper.C、a document of title to goods.D、All of the above.

According to Incoterms 2010,which groups of the following trade terms mean that the seller should contract for the carriage of the goods?()A、CPT;CIPB、CFR;CIFC、CPT;FCAD、FOB;FAS

The bill of lading serves as an evidence of the contract of carriage of goods by sea between the().A、carrier and consigneeB、carrier and shipperC、shipper and consigneeD、shipper and receiver

The consignee in international carriage of goods by sea normally refers to ().A、importerB、exporterC、forwarderD、Carrier

After completion, an original copy of the air waybill is given to the()as evidence of the acceptance of goods and as proof of contract of carriage.A、shipperB、carrierC、freight forwarderD、consignee

Ocean Bill of loading is the ()between carrier and shipper. A、evidence of the contract of carriageB、ocumentC、trading recordD、bill

单选题()means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier,and by which the carrier under takes to deliver the goods against surround of the document.ABill of ladingBBill of exchangeCMate's receiptDManifest

单选题Under the Carriage of Goods by Sea Act of 1936,a vessel will be liable for damage to a cargo when the damage arises from().AUnseaworthiness when sailingBInsufficient packingCQuarantine delaysDMismanagement of the vessel

单选题()means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper.AChartererBConsigneeCConsignorDCarrier

单选题()the Charterer is also the shipper,the bill of lading is usually only a receipt for the goods and a document of title.AWhichBThereCWhereDWhile

单选题()means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier,or any person by whom or in whose name or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage of goods by sea.AShipperBChartererCShipownerDCarrier

单选题The carrier is entitled to carry the goods on deck only if such carriage is in accordance()an agreement with the shipper or with the usage of the particular trade or is required by statutory rules or regulations.AtoBinConDwith

单选题Sometimes the contract expressly gives the carrier the right to carry the goods beyond their destination,provided that()transships them and sends them back.AheBsheCitDthe shipper

判断题nternational Transport Transport plays an important part in international business because goods produced have to be delivered to the buyers abroad, and the delivery of goods is to be made possible by transport services. Goods are carried by several means of transport on road or rail, by sea or air. And in recent years, combined transport which is a road-sea-rail carriage appeared. With the expansion of international trade, the container service has become popular. The use of containers provides a , highly effective form of transport . by road, rail and sea, Basically , orabout 98% of world trade is carried out by sea transport.Besides transport by sea, road, or rail, nowadays in order to speed up delivery, carriage by air international has also become popular. Todaycarriagebyairhasbecome popularbecauseitcanspeedupdelivery.A对B错

单选题The bill of lading serves as an evidence of the contract of carriage of goods by sea between the().Acarrier and consigneeBcarrier and shipperCshipper and consigneeDshipper and receiver

单选题The basic functions of a bill of lading is (are)().Aa receipt for the goods which evidences the taking-over or loading by the carrierBan evidence of contract of carriage between the carrier and the shipper.Ca document of title to goods.DAll of the above.

单选题There()to be some doubt as to the law governing a contract for through carriage partly by land and partly by sea.AlooksBappearsCseesDsights