网友您好, 请在下方输入框内输入要搜索的题目:
题目内容
(请给出正确答案)
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.realized
B.practiced
C.maintained
D.exercised
参考答案
更多 “ 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 ” 相关考题
考题
(ii) analytical procedures, (6 marks)might appropriately be used in the due diligence review of MCM.
考题
He cannot be tired _______ he has walked only half a mile.A:sinceB:whetherC:whenD:as long as
考题
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
考题
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
考题
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
考题
The Charterer is entitled to the benefit of the excepted perils during the transit of the goods from storing place to the actual place of loading,provided such transit substantially ______ part of the operation of loading.A.has the form of aB.formsC.is in the form of aD.is to form a
考题
It becomes a common practice to insert a clause in the bills of lading for vessels trading to and from the United States,expressly declaring ______ the Shipowner could recover in general average in the event of negligence,provided that due diligence has been exercised to make the ship in all respects seaworthy.A.whereB.whichC.thatD.whether
考题
The master cannot sue ______ freight where he signs bill of lading merely as the Shipowner's agent.A.toB.forC.asD.on
考题
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
考题
If the insufficiency of the packing was apparent on reasonable inspection,the Shipowner cannot ______ the exception of insufficiency of packing.A.rely inB.rely uponC.rely withD.rely to
考题
Once the port has been named and accepted by,or on behalf of,the Shipowner,he can not afterwards refuse to go ______ on the ground that it is not safe.A.whereB.thereC.whichD.that
考题
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
考题
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!
考题
单选题The master cannot sue()freight where he signs bill of lading merely as the Shipowner’s agent.A
toB
forC
asD
on
考题
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
考题
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
考题
单选题Even if()vessel was unseaworthy,a Shipowner can still rely on the exception perils if the loss has not been caused by unseaworthiness.A
herB
theirC
itsD
his
考题
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
考题
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
考题
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
考题
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
考题
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
考题
单选题The carrier has,before and at the beginning of the voyage,to()due diligence to make the ship seaworthy.A
payB
exportC
importD
exercise
考题
单选题Once the port has been named and accepted by,or on behalf of,the Shipowner,he can not afterwards refuse to go()__ on the ground that it is not safe.A
whereB
thereC
whichD
that
考题
单选题The carrier is entitled to limit his liability to the stated sum per package or unit even if he failedto exercise due diligence to make the vessel().A
to be seaworthyB
being seaworthyC
be seaworthyD
seaworthy
考题
单选题The certificate of a Lloyd’s surveyor()likely to be accepted by the court as conclusive to show that the carrier has exercised due diligence when it relates to a case in which he has built or bought a vessel in the first instance.A
areB
isC
haveD
has
考题
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
考题
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
热门标签
最新试卷