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The Shipowner is not ______ by the fact that a remote cause of the loss was an excepted peril.
A.excused
B.excepted
C.excluded
D.exported
参考答案
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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
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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
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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
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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
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The Shipowner may do what is reasonable ______ any of these liens in view of the fact that they are possessory liens,i.e. they can only be enforced by retaining actual or constructive possession of the cargo.A.to delayB.to arrangeC.to sustainD.to maintain
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The ______ shall bear the burden of proof with respect to the loss,damage or delay in delivery resulting from the other cause.A.carrierB.shipperC.consignerD.consignee
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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!
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PE1 has connections to VPN sites that are served by three remote PE routers. How many LSP’s must be established to support 2547bis?()A、an LSP for each local CE deviceB、an LSP for each remote PE deviceC、an LSP for each remote CE deviceD、an LSP for each CE facing interface
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单选题The Shipowner may do what is reasonable()any of these liens in view of the fact that they are possessory liens,i.e. they can only be enforced by retaining actual or constructive possession of the cargo.A
to delayB
to arrangeC
to sustainD
to maintain
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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.A
realizedB
practicedC
maintainedD
exercised
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单选题If dangerous goods have been thrown overboard by the Shipowner or the master,()can be made liable for their loss.A
eitherB
the masterC
the ShipownerD
neither
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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.A
wantB
sendC
deliverD
claim
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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.A
payB
be payingC
have paidD
be paid
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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.A
The carrierB
The ShipownerC
The carrier or the ShipownerD
Neither the carrier nor the Shipowner
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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().A
STCWB
IMDGC
SOLASD
The contract or the statute
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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.A
madeB
takenC
gottenD
given
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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().A
act of GodB
peril of the seaC
queen's enemiesD
inherent vice in the goods
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单选题Limitation of liability to a specified sum,or a clause totally exempting the Shipowner from liability if the claim is not made within a given time,cannot()the Shipowner where the loss is due to unseaworthiness unless clear and express words are used to indicate it.A
avoidB
availC
amendD
awake
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单选题If the Shipowner relies on an excepted peril,he must()that the loss or damage was caused thereby.A
proveB
approveC
disproveD
improve
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单选题The Shipowner is not()by the fact that a remote cause of the loss was an excepted peril.A
excusedB
exceptedC
excludedD
exported
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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.A
attackB
attachC
attainD
attend
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单选题PE1 has connections to VPN sites that are served by three remote PE routers. How many LSP’s must be established to support 2547bis?()A
an LSP for each local CE deviceB
an LSP for each remote PE deviceC
an LSP for each remote CE deviceD
an LSP for each CE facing interface
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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.A
doneB
madeC
engagedD
taken
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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()A
the ShipownerB
bad stowageC
perils of the seaD
the shipper
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