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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 ship&39;s 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 buyer

B.the shipper and the consignee or endorsee

C.the carrier and the consignee or endorsee

D.the shipper and the carrier

It 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 laws

B.by a mainstay of the common law in particular

C.by virtue of the historic principle of privity of contract

D.by shipping practice

When GOODs are sold prior to shipment the risk in the GOODs passes ________.A.from the shipper to the carrier

B.from the seller to the buyer

C.from the carrier to the shipper

D.from the buyer to the seller

When GOODs are sold prior to shipment the shipper ________.A.is not usually the party who actually suffers the subsequent loss

B.is usually the party who actually suffers the subsequent loss

C.will still be the owner of the GOODs at the time when the loss or damage occurs

D.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!


参考答案

更多 “ 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! ” 相关考题
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