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 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 part

B.for the whole

C.for the parts of damage not due to causes within the exception

D.for the parts of damage due to causes within the exception


相关考题:

Many people see pollution as only. part of______.A. the environmental balanceB. our daily lifeC. the consumption of goods by manD. the whole process of industrial production and consumption of goods

-Can we discuss the question of commodity inspection? - ________ A OK. As an integral part of the contract, the inspection of goods is particularly important. ;B We would prefer to re-inspect goods at the unloading port. ;C But there might be some dispute over the results of inspection.

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

It has been decided that a collision due to any cause other than the negligence of the Shipowner or his servants is within the scope of ________ .A.act of GodB.peril of the seaC.queen's enemiesD.inherent vice in the goods

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

If the ship cannot finish the voyage,the Shipowner must forward the goods by some other means ______ his claim to freight is lost.A.thenB.andC.whenD.or

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

Unless the Shipowner carries the goods to the destination agreed on,he ______ entitled to any part of the freight.A.isB.hasC.is notD.has not

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Under the Carriage of Goods by Sea Act of 1936,a vessel will be liable for damage to a cargo when the damage arises out of().Adelays due to seizure of the vesselBfire caused by fault of the carrierCstrikes or lockoutsDimproper stowage

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If the bill of lading()contain a space in which the shipper can insert the declared value of the goods,the Shipowner is not entitled to limit his liability.AdoesBdidCdoes notDwill not

单选题If dangerous goods have been thrown overboard by the Shipowner or the master,()can be made liable for their loss.AeitherBthe masterCthe ShipownerDneither

单选题The reason for the obligation to load a full cargo()that otherwise the Shipowner would lose freight on account of some part of the ship’s carrying capacity not being utilized.AisBmakesChasDtakes

单选题Where a vessel is redelivered to the Shipowner and is not in the same good order as when delivered due to the Charterer’s fault,and repairs to her have to be effected in order to restore her to that condition,the Shipowner can()the cost of repairs and any loss of profit whilst she is being repaired.AwantBsendCdeliverDclaim

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It has been decided that a collision due to any cause other than the negligence of the Shipowner or his servants is within the scope of().Aact of GodBperil of the seaCqueen's enemiesDinherent vice in the goods

单选题An American Shipowner can()in an American port any ship in the same ownership as the one with which he has collided,in spite of the fact that the collision may have occurred in some distant part of the world.AattackBattachCattainDattend

单选题If the ship cannot finish the voyage,the Shipowner must forward the goods by some other means ()his claim to freight is lost.AthenBandCwhenDor

单选题The Shipowner’s right of the lien can()against all goods consigned to the same person on the same voyage,even under different bills of lading,but not against goods on different voyages under different contracts.AtakenBbe exercisedCbe doneDbe had

单选题A claim for cargo damages may be held against the shipowner if such damage is the result of failure of the ship’s officers to().Aensure the fitness and safety of cargo spacesBensure adequate packaging of the cargoCprevent delays due to quarantine restrictionsDcorrect all defects in the ship's construction

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