If the Shipowner relies on an excepted peril， he must ________ that the loss or damage was caused thereby．A.proveB.approveC.disproveD.improve
If the Shipowner relies on an excepted peril， he must ________ that the loss or damage was caused thereby．
A.prove
B.approve
C.disprove
D.improve
相关考题：
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
If the Shipowner can only show that some part of the damage to the goods was due to a cause within the exception， he must also show how much of the damage is comprised in that part， otherwise he is liable ________ ．A.for the partB.for the wholeC.for the parts of damage not due to causes within the exceptionD.for the parts of damage due to causes within the exception
If the Shipowner has agreed to receive deck cargo， ________ must contribute to the loss， provided the owner of the jettisoned goods is the sole cargo owner．A.the shipB.the ship and the freightC.the freightD.neither the ship nor the freight
Where the Shipowner has accepted the port of discharge named by the Charterer，he must go there although it is not prospectively safe，and claim damages for injury ______ the ship by reason of the port not being safe．A.byB.onC.toD.in
If a chartered ship is prevented from，or delayed in，getting to the loading port by peril excepted during the voyage，the exception clauses ______.A.applyB.complyC.supplyD.reply
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
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
If it is clear that the damage must have arisen either from bad stowage or from perils of the sea，and are excepted，in order to escape liability the Shipowner must show that the damage arose from the latter．“the latter”refers to ______A.the ShipownerB.bad stowageC.perils of the seaD.the shipper
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 Shipowner can，however，exempt himself from liability for ______，but if he wishes to do so，he must use clear and unambiguous language．A.seaworthyB.seaworthinessC.unseaworthyD.unseaworthiness
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
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Where the Shipowner has accepted the port of discharge named by the Charterer，he must go there although it is not prospectively safe，and claim damages for injury（）the ship by reason of the port not being safe.AbyBonCtoDin
单选题Although the Shipowner may be responsible for the loss or damage to the goods，his liability may be limited（）the terms of the contract or the statute.AwithBonCforDby
单选题The Shipowner cannot rely on the excepted perils if he has not（）due diligence to make the ship seaworthy and its nonfulfilment causes the damage，nor can he do so if the vessel makes an unreasonable deviation.ArealizedBpracticedCmaintainedDexercised
单选题Advance freight must（）to the Shipowner even if the goods are lost (by excepted perils) before payment，where they are lost after the due date of payment; nor is it recoverable if the goods are so lost after payment．ApayBbe payingChave paidDbe paid
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Although the Shipowner may be responsible for the loss or damage to the goods，his liability may be limited by the terms of（）.ASTCWBIMDGCSOLASDThe contract or the statute
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If the Shipowner relies on an excepted peril，he must（）that the loss or damage was caused thereby.AproveBapproveCdisproveDimprove
单选题The Shipowner is not（）by the fact that a remote cause of the loss was an excepted peril.AexcusedBexceptedCexcludedDexported
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If a chartered ship is prevented from，or delayed in，getting to the loading port by peril excepted during the voyage，the exception clauses（）.AapplyBcomplyCsupplyDreply
单选题If the ship is disabled by excepted perils while completing a voyage on which she was（）at the time of chartering，the Shipowner will not be excused.AdoneBmadeCengagedDtaken
单选题If it is clear that the damage must have arisen either from bad stowage or from perils of the sea，and are excepted，in order to escape liability the Shipowner must show that the damage arose from the latter．“the latter”refers to（）Athe ShipownerBbad stowageCperils of the seaDthe shipper