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材料:

When a clean bill of lading has been issued,estoppel arises or,in other words,the carrier is prevented from proving,as against a third party relying on the clean bill of lading,that there was any thing wrong.In the case of inherent vice,however,which is a natural defect in the thing shipped,the carrier is not estopped by his clean bill of lading,because a clean bill of lading,in stating that a certain cargo is on board,gives sufficient notice that this cargo,in the natural course of events,may have certain qualities or defects which all similar cargo normally has.For example,a cargo of flour will shrink slightly,and this fact does not have to be noted on the face of the bill of lading.

Similarly,where cargo is unfit to withstand the ordinary incidents of the contractual voyage contemplated by the parties,owing to some inherent vice or hidden defect presented within it,the carrier is not estopped by the clean bill of lading from asserting the inherent defect exception,provided that the damage has not been aggravated by any conduct of the carrier or those for whom he is responsible.

The carrier issuing a clean bill of lading is only bound by his statements as to the outward condition of the cargo and is therefore not estopped from proving inherent vice or hidden defect when that vice or defect was not apparent at the time of shipment.In other words,a clean bill of lading does not necessarily fulfill the shipper&39;s burden of proof in respect to inherent vice or hidden defect.

问题:

The slight shrinkage of flour is ________.

A.an inherent defect of the cargo

B.a damage which is always aggravated by the conduct of carrier

C.a vice or defect which should be noted on face of B/L due to the fact that it is not apparent at the time of shipment

D.an outward condition of the cargo

The carrier issuing a clean bill of lading will only be bound by ________.A.any thing wrong in the natural course of events

B.the conduct of the carrier or those for whom he is responsible

C.inherent vice or hidden defect presented within the cargo

D.the apparent order and condition of the cargo

Of the following,________ in the cargo shipped on board his vessel should be considered as a thing that will give rise to estoppel on the part of the carrier.A.ordinary incident

B.hidden defect

C.inherent vice

D.inherent defect

It is concluded that on issuing a clean bill of lading,the carrier ________.A.indicates that the cargo is unfit to withstand the ordinary incidents of the contractual voyage contemplated by the parties

B.gives sufficient notice that this cargo has no defects which all similar cargo normally has

C.will be prevented from proving there is any natural defect in the thing shipped

D.will not be estopped from proving inherent vice or hidden defect when that vice or defect was not apparent at the time of shipment

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:When a clean bill of lading has been issued,estoppel arises or,in other words,the carrier is prevented from proving,as against a third party relying on the clean bill of lading,that there was any thing wrong.In the case of inherent vice,however,which is a natural defect in the thing shipped,the carrier is not estopped by his clean bill of lading,because a clean bill of lading,in stating that a certain cargo is on board,gives sufficient notice that this cargo,in the natural course of events,may have certain qualities or defects which all similar cargo normally has.For example,a cargo of flour will shrink slightly,and this fact does not have to be noted on the face of the bill of lading.Similarly,where cargo is unfit to withstand the ordinary incidents of the contractual voyage contemplated by the parties,owing to some inherent vice or hidden defect presented within it,the carrier is not estopped by the clean bill of lading from asserting the inherent defect exception,provided that the damage has not been aggravated by any conduct of the carrier or those for whom he is responsible.The carrier issuing a clean bill of lading is only bound by his statements as to the outward condition of the cargo and is therefore not estopped from proving inherent vice or hidden defect when that vice or defect was not apparent at the time of shipment.In other words,a clean bill of lading does not necessarily fulfill the shippers burden of proof in respect to inherent vice or hidden defect.问题:The slight shrinkage of flour is ________.A.an inherent defect of the cargoB.a damage which is always aggravated by the conduct of carrierC.a vice or defect which should be noted on face of B/L due to the fact that it is not apparent at the time of shipmentD.an outward condition of the cargoThe carrier issuing a clean bill of lading will only be bound by ________.A.any thing wrong in the natural course of eventsB.the conduct of the carrier or those for whom he is responsibleC.inherent vice or hidden defect presented within the cargoD.the apparent order and condition of the cargoOf the following,________ in the cargo shipped on board his vessel should be considered as a thing that will give rise to estoppel on the part of the carrier.A.ordinary incidentB.hidden defectC.inherent viceD.inherent defectIt is concluded that on issuing a clean bill of lading,the carrier ________.A.indicates that the cargo is unfit to withstand the ordinary incidents of the contractual voyage contemplated by the partiesB.gives sufficient notice that this cargo has no defects which all similar cargo normally hasC.will be prevented from proving there is any natural defect in the thing shippedD.will not be estopped from proving inherent vice or hidden defect when that vice or defect was not apparent at the time of shipment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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考题 A vessel loads 100 tons of glass jars. The mate on watch discovers that some of the cartons have been damaged and has an exception made on the Bill of Lading. What is this document called?A.Damage Bill of LadingB.Letter of IndemnityC.Non-negotiable Bill of LadingD.Unclean Bill of Lading

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考题 材料:In a bill of lading there might be a clause known as general liberty to carry on deck clause which reads“Carrier has liberty to carry GOODs on deck”.This clause frequently gives the carrier the option of stowing the cargo either on or under deck,while also exempting the carrier from all liability for loss of or damage to cargo stowed on deck.A clause of this type is an option,not a statement.The problem arises when the bill of lading contains this clause,but the face of the bill of lading does not state that the cargo was loaded on deck.Under such circumstances,it would appear that deck carriage is unjustifiable for at least two reasons:a)The general liberty to carry on deck clause is merely an option to carry on deck,a choice which the carrier ordinarily does not make.If the bill of lading does not bear a statement on its face giving notice that the cargo is actually stowed on deck,then by default the option has been exercised in favour of under deck carriage.b)The typewritten or handwritten wording on the face of a bill of lading has precedence over the bills printed clauses.And a clean bill of lading,because it implies under-deck stowage,is functionally equivalent to a typewritten or handwritten notation on the face of the document calling for carriage below deck.A clean bill of lading therefore overrides the printed liberty to carry on deck clause.A general deck carriage clause without a statement on the face of the bill of lading that cargo is carried on deck is merely an option not exercised and the deck carriage is therefore a fundamental breach of the contract and the Rules.问题:A clause which reads“Carrier has liberty to carry GOODs on deck”contained in B/L is ________.A.a statementB.a problemC.an optionD.a typewritten or handwritten wording on its faceIf there is no deck stowage statement on the face of B/L,it is implied that ________.A.all cargoes are stowed under deckB.all cargoes are stowed on deckC.cargoes are stowed either on or under deckD.it can not be decided whether cargoes are stowed on or under deckIf a handwritten wording on the face of B/L is in conflict with one of its printed clause,________.A.the handwritten wording shall prevailB.the printed clause shall prevailC.both the handwritten wording and the printed clause shall be ignoredD.the B/L shall become null and voidThe deck carriage is justifiable only when ________.A.there is a general liberty to carry on deck clause in the B/L and a statement on its face that the cargo is actually stowed on deckB.there is either a general liberty to carry on deck clause in the B/L or a statement on its face that the cargo is actually stowed on deckC.there is neither general liberty to carry on deck clause in the B/L nor a statement on its face that the cargo is actually stowed on deckD.only when the carrier is exempted from all liability for loss of or damage to cargo stowed on deck请帮忙给出每个问题的正确答案和分析,谢谢!

考题 翻译:Neither the consignee nor the holder of the bill of lading shall be liable for the demurragedead freight and all other expenses in respect of loading occurred at the loading port unless the bill of lading clearly states that the aforesaid demurragedead freight and all other expenses shall be borne by the consignee and the holder of the bill of lading。

考题 翻译:all bills of lading issued under this charter party shall be endorsed“the printed clauses of the bill of lading shall stand null and void of they are not in conformity with the charter party.”

考题 The bill of lading serves as a document of title enabling the goods to be transferred from the shipper to the consignee or any other party by endorsement.The()can not be transferred to the third parties by endorsement.A、shipped B/LB、clean B/LC、straight B/LD、order B/L

考题 There are several forms of bills of lading such as straight bill of lading, shipped bill of lading, clean bill of lading and order bill of lading etc.()confirms that the goods are actually loaded on board the vessel.A、Straight bill of ladingB、Shipped bill of ladingC、Clean bill of ladingD、Order bill of lading

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考题 问答题翻译:Neither the consignee nor the holder of the bill of lading shall be liable for the demurragedead freight and all other expenses in respect of loading occurred at the loading port unless the bill of lading clearly states that the aforesaid demurragedead freight and all other expenses shall be borne by the consignee and the holder of the bill of lading。

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考题 问答题翻译:all bills of lading issued under this charter party shall be endorsed“the printed clauses of the bill of lading shall stand null and void of they are not in conformity with the charter party.”

考题 单选题The person who signs the bill of lading without the authority of the Shipowner stating that goods have been shipped,and they have in fact not been shipped at all,()liable to an indorsee of the bill of lading,who has relied on that statement,for damages for breach of warranty of authority.A haveB hasC areD is

考题 单选题A vessel loads 100 tons of glass jars. The mate on watch discovers that some of the cartons have been damaged and has an exception made on the Bill of Lading. What is this document called?()A Damage Bill of LadingB Letter of IndemnityC Non-negotiable Bill of LadingD Unclean Bill of Lading

考题 单选题The marine bill of lading normally issued by ().A theshipownerB thecarrierC theshipperD theconsigner

考题 单选题The marine bill of lading normally issued by ().A the shipownerB the carrierC the shipperD the consigner

考题 单选题A vessel loads 5000 tons of manganese ore. The railroad cars that brought the ore to the vessel were previously loaded with iron ore so the ore is contaminated. The agent requests the Master to sign a Clean Bill of Lading and in return the shipper will give him a Letter of Indemnity. What is the best procedure to follow? ()A Sign a Clean Bill of Lading and accept the Letter of IndemnityB Refuse to sign a Clean Bill of LadingC Sign the Clean Bill of Lading and have the agent countersign itD Sign a Clean Bill of lading under protest