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 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 owners

B.shippers

C.charterers

D.the merchant

The duration of the liability of the carrier or ship in respect of loss of or damage to cargo is ________.A.one year

B.three days

C.not mentioned

D.variable with the kind of cargo carried and the voyage the vessel has completed

This clause is most likely extracted from ________.A.Hague Rules

B.Marpol 73/78

C.SOLAS

D.IMDG Code

It 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 cargoes

B.the shipper shall indemnify the carrier against no loss,damage and expense arising or resulting from inaccuracies in particulars concerning cargoes

C.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 him

D.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!


相关考题:

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 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

The declaration made by the shipper, if embodied in the bill of lading, is ________ evidence, but is not binding or conclusive on the carrier.A.absoluteB.importantC.decisiveD.prima facie

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!

Without ______ to the foregoing,every such servant,agent and subcontractor shall have the benefit of all provisions contained herein benefiting the carrier as if such provisions were expressly for their benefit; and in entering into this contract,the carrier,to the extent of those provisions does so not only on its own behalf,but also as agent and trustee for such servants,agents and sub-contractors.A.damageB.injuryC.breakD.prejudice

______ means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper.A.ChartererB.ConsigneeC.ConsignorD.Carrier

Any extra expense incurred in place of another expense which would have been allowable as general average shall ______ general average and so allowed without regard to the saving if any,to other interests,but only up to the amount of the general average expense avoided.A.deem to beB.deem beingC.be deemed to beD.be deemed being

A shipper who furnishes the carrier with written information concerning the cargo to be shipped has a right to insist the master or other agent of the carrier ______ a bill of lading incorporating the information so furnished.A.issuingB.writingC.givingD.making

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

If a container which has not been filled,packed,stuffed or loaded by the Carrier is delivered by the Carrier with the seal ______,such delivery shall be deemed as full and complete performance of the Carrier's obligation.A.IntactB.Properly usedC.PerfectD.Fully sized

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 carrier who does not pack a container cannot determine the sufficiency of packing of individual cartons within the container.Thus the carrier is not estopped from proving the insufficiency of packing of the GOODs within the container stuffed and sealed by the shipper,even where the carrier has issued a clean bill of lading.The principle of estoppel only applies to the apparent order and condition of the exterior of the container.The carrier has no duty to inspect the cargo of the shipper-packed container,unless its packaging is apparently inadequate or the shipper has given the carrier special instructions as to the special requirements of the cargo.This view places the burden of inspection and ascertainment of special stowage needs on the party most likely to know of or best equipped to discover such needs.Both the condition of the container and the packing of the individual objects inside are important.The condition of the container supplied by a shipper may preclude recovery by cargo interests in various situations,for example,where the containers insufficient ventilation causes the GOODs to spoil.Improper packing of objects(e.g.defective“stuffing”of GOODs into a container)may also constitute a case of insufficiency of packing by the shipper.For example,antiques,furniture,porcelain and crystal had been shipped in containers.The porcelain and crystal which had been packed in cartons suffered no damage,but the furniture and antiques which had only been wrapped in paper were damaged. The carrier was not held responsible as the packing was deemed to be insufficient.问题:If the carrier has issued a clean bill of lading for the general cargo on board of his ship,he will be ________.A.precluded from recovery of any loss or damage from any interestsB.prevented from making a denial that the cargo was packed in apparently GOOD order and conditionC.entitled to make any allegation that contradicts what he has previously stated that the cargo was properly packedD.estopped from proving the sufficiency of packing of the GOODsIt is inferred that this passage prepared to protect the interests of ________.A.the shipperB.the supplier of containersC.the cargo interestsD.the carrierIt is implied in the passage that ________.A.the carrier will not be responsible for the damage to a cargo contained in a container supplied by the carrierB.the carrier will in no way be responsible for the damage to a cargo contained in a container supplied by the shipperC.the carrier will be estopped from proving the insufficiency of packing of the GOODs within the container stuffed and sealed by the shipper even he has issued a clean bill of ladingD.by the principle of estoppel,the carrier will not be held responsible even the cargoes,such as antiques,furniture,porcelain and crystal,had been shipped in one containerThe insufficient ventilation of a container supplied by a shipper that causes the GOODs to spoil may preclude recovery ________.A.by the cargo interests against the carrierB.by the carrier against the ownersC.by the shipper against cargo interestsD.by the carrier against the cargo interests请帮忙给出每个问题的正确答案和分析,谢谢!

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

A bill of lading signed by the master of the ship carrying the goods is deemed to have been signed on behalf of the shipper.

Under the FCA Term, if the buyer nominates a person other than a carrier to receive the goods, the()is deemed to have fulfilled his obligation to deliver the goods when they are delivered to that person.A、buyerB、consigneeC、sellerD、banker

If the goods is damaged or lost in the process of logistics, the shipper can()to carrier.A、claimB、ask for payC、sueD、fight

判断题A bill of lading signed by the master of the ship carrying the goods is deemed to have been signed on behalf of the shipper.A对B错

单选题Any extra expense incurred in place of another expense which would have been allowable as general average shall()general average and so allowed without regard to the saving if any,to other interests,but only up to the amount of the general average expense avoided.Adeem to beBdeem beingCbe deemed to beDbe deemed being

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In()convention,a vessel which carries more than 12 passengers shall be deemed as a passenger ship.ACOSCOBSTCWCSOLASDMARPOL

单选题When you doubt the existence of risk of collision,().Asuch risk shall be deemed to existBsuch risk shall not be deemed to existCyou needn't take any action to avoid collision with any vesselDyou should accelerate your speed ahead

单选题If the carrier and the shipper have agreed that the goods shall or may be carried on deck,the carrier must()in the bill of lading a statement to that effect.AdesertBdessertCinsertDreseat

单选题If a container which has not been filled,packed,stuffed or loaded by the Carrier is delivered by the Carrier with the seal(),such delivery shall be deemed as full and complete performance of the Carrier’s obligation.AintactBproperly usedCperfectDfully sized

单选题The carrier can obtain()for loss caused to him by the shipper stating the particulars of the goods inaccurately.Aan indemnityBliabilityCresponsibilityDpossibility

单选题In determining if risk of collision exists,if there is any doubt,such risk shall be deemed to().AexistBexistsCexistingDto be existed

单选题The shipper is deemed to have guaranteed the accuracy at the time of shipment of the quantity and weight as furnished by him,and must indemnify()against all losses,damages and expenses arising from the inaccuracies in such particulars。Athe ChartererBthe ShipownerCthe merchantDthe shipper

单选题The shipper is deemed to have guaranteed the accuracy at the time of shipment of the quantity and weight as furnished by him,and must indemnify()against all losses,damages and expenses arising from the inaccuracies in such particulars.Athe ChartererBthe ShipownerCthe merchantDthe shipper

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