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A carrier or a shipper ________ to enter into any agreement, stipulation, condition, reservation or exception as to the responsibility and liability of the carrier or the ship for the loss of or damage to, or in connection with, the custody and care and handling of the goods prior to the loading on, and subsequent to the discharge from, the ship on which the goods are carried by sea.
A.is entitled
B.are entitled
C.entitles
D.entitle
参考答案
更多 “ A carrier or a shipper ________ to enter into any agreement, stipulation, condition, reservation or exception as to the responsibility and liability of the carrier or the ship for the loss of or damage to, or in connection with, the custody and care and handling of the goods prior to the loading on, and subsequent to the discharge from, the ship on which the goods are carried by sea.A.is entitledB.are entitledC.entitlesD.entitle ” 相关考题
考题
What are the functions of bill of lading mentioned in the above mini-lecture()?
A、receipt of freight serviceB、document of titleC、evidence of paymentD、contract between carrier and shipper
考题
A clause in a bill of lading stating that the carrier would not be liable for any damage unless the shipper proved negligence or lack of due diligence on the carrier's part was held to be void because ________A.it shifted the burden of proof from the carrier to the shipperB.it shifted the burden of proof from the shipper to the carrierC.it denied the burden of proofD.it did not specify the burden of proof
考题
The declaration made by the shipper, if embodied in the bill of lading, is ________ evidence, but is not binding or conclusive on the carrier.A.absoluteB.importantC.decisiveD.prima facie
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Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier, has not consented, with knowledge of their nature and character, may at any time before discharge, ________ at any place or destroyed or rendered innocuous by the carrier without compensation.A.be handedB.be landedC.be mendedD.be tended
考题
______ is entitled to enter into,with a shipper,any agreement,stipulation,condition,reservation or exception as to the responsibility and liability of the carrier or the ship for the loss of or damage to,or in connection with,the custody and care and handling of the goods prior to the loading on,and subsequent to the discharge from,the ship on which the goods are carried by sea.A.A carrierB.A consigneeC.A consignerD.A receiver
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______ means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper.A.ChartererB.ConsigneeC.ConsignorD.Carrier
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A shipper who furnishes the carrier with written information concerning the cargo to be shipped has a right to insist the master or other agent of the carrier ______ a bill of lading incorporating the information so furnished.A.issuingB.writingC.givingD.making
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According to bill of lading,the weight,measure,marks,numbers,quality,contents and value,being particulars furnished by ______,are not checked by the carrier on loading.A.the ShipownerB.the ChartererC.the receiverD.the shipper
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Any shipper can insist upon the bill of lading incorporating a statement as to ______ of the goods.A.reasonable order and conditionB.apparent order and conditionC.rational order and conditionD.good order and condition
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Sometimes the contract expressly gives the carrier the right to carry the goods beyond their destination,provided that ______ transships them and sends them back.A.heB.sheC.itD.the shipper
考题
材料:The endorsement of a nonnegotiable bill does not make the bill negotiable or give the transferee any additional right.A person to whom a nonnegotiable bill has been transferred by delivery and agreement to transfer title to the bill or to the GOODs which it represents acquires the title to the GOODs as against the transferor.The transferee may also notify the carrier of the transfer to him,and the carrier is then obligated directly to the transferee for any obligations the carrier owed to the transferor immediately before the notification.More specifically,the carrier is liable to the owner of GOODs transported under a nonnegotiable bill,subject to the right of stoppage in transit.Besides having to be the owner of the GOODs covered by the nonnegotiable bill,the claimant in such a case must have actually relied in GOOD faith on statements made by the carrier on the bill.The carrier is liable for having stated on the bill that he received GOODs when in fact he had not,and for having delivered the GOODs in a quantity,kind,weight or condition other than as stated on the bill.In general,the carrier must deliver the GOODs on demand of the consignee named in a nonnegotiable bill of lading.However,on the endorsement of a nonnegotiable bill,the GOODs may be delivered to a party entitled to their possession.The carrier is liable toward the person having title to,or a right to possession of,the GOODs for delivering them to a party not entitled to their possession.问题:The endorsement of a nonnegotiable bill transfers ________.A.the title to the GOODs from the transferor to the transfereeB.the title to the GOODs from the transferee to the transferorC.in no way the title to the GOODs from the transferor to the transfereeD.the GOODs to the party entitled to their possessionThe transferee of a nonnegotiable bill acquires the title to the GOODs ________.A.by taking delivery of the bill and entering into an agreement to transfer title to the bill or to the GOODsB.by having the carrier actually delivered the GOODs to himC.by having the transferor endorsed the nonnegotiable billD.in no wayIf the GOODs were thus transferred,and the carrier delivered the GOODs in a quantity,kind,weight or condition other than as stated on the bill,________.A.he is liableB.he is not liableC.it can not be determined whether he is liable or notD.whether he is liable or not is to be determined by the law of the ship’s flagIn the event of a nonnegotiable bill has been actually transferred,if the carrier stated on the bill that he received GOODs when in fact he had not,________ is liable.A.heB.the transferorC.the transfereeD.the person having title to,or a right to possession of,the GOODs请帮忙给出每个问题的正确答案和分析,谢谢!
考题
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!
考题
材料:The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks,number,quantity and weight,as furnished by him,and the shipper shall indemnify the carrier against all loss,damages and expenses arising or resulting from inaccuracies in such particulars.The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.Unless notice of loss or damage and the general nature of such loss or damage be given before or at the time of the removal of the GOODs into the custody of the person entitled to delivery thereof under the contract of carriage,or,if the loss or damage be not apparent,within three days,such removal shall be prima facie evidence of the delivery by the carrier of the GOODs as described in the bill of lading.The notice in writing need not be given if the state of the GOODs has,at the time of their receipt,been the subject of joint survey or inspection.In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the GOODs or the date when the GOODs should have been delivered. In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the GOODs.问题:It can be concluded that the purpose of this clause is to protect the interest of ________.A.ship ownersB.shippersC.charterersD.the merchantThe duration of the liability of the carrier or ship in respect of loss of or damage to cargo is ________.A.one yearB.three daysC.not mentionedD.variable with the kind of cargo carried and the voyage the vessel has completedThis clause is most likely extracted from ________.A.Hague RulesB.Marpol 73/78C.SOLASD.IMDG CodeIt is provided in the clause that ________.A.the shipper shall not indemnify the carrier against all loss,damages and expenses arising or resulting from inaccuracies in particulars concerning cargoesB.the shipper shall indemnify the carrier against no loss,damage and expense arising or resulting from inaccuracies in particulars concerning cargoesC.the shipper shall not be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks,number,quantity and weight,as furnished by himD.the shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks,number,quantity and weight,as furnished by him请帮忙给出每个问题的正确答案和分析,谢谢!
考题
材料:The carrier who does not pack a container cannot determine the sufficiency of packing of individual cartons within the container.Thus the carrier is not estopped from proving the insufficiency of packing of the GOODs within the container stuffed and sealed by the shipper,even where the carrier has issued a clean bill of lading.The principle of estoppel only applies to the apparent order and condition of the exterior of the container.The carrier has no duty to inspect the cargo of the shipper-packed container,unless its packaging is apparently inadequate or the shipper has given the carrier special instructions as to the special requirements of the cargo.This view places the burden of inspection and ascertainment of special stowage needs on the party most likely to know of or best equipped to discover such needs.Both the condition of the container and the packing of the individual objects inside are important.The condition of the container supplied by a shipper may preclude recovery by cargo interests in various situations,for example,where the containers insufficient ventilation causes the GOODs to spoil.Improper packing of objects(e.g.defective“stuffing”of GOODs into a container)may also constitute a case of insufficiency of packing by the shipper.For example,antiques,furniture,porcelain and crystal had been shipped in containers.The porcelain and crystal which had been packed in cartons suffered no damage,but the furniture and antiques which had only been wrapped in paper were damaged. The carrier was not held responsible as the packing was deemed to be insufficient.问题:If the carrier has issued a clean bill of lading for the general cargo on board of his ship,he will be ________.A.precluded from recovery of any loss or damage from any interestsB.prevented from making a denial that the cargo was packed in apparently GOOD order and conditionC.entitled to make any allegation that contradicts what he has previously stated that the cargo was properly packedD.estopped from proving the sufficiency of packing of the GOODsIt is inferred that this passage prepared to protect the interests of ________.A.the shipperB.the supplier of containersC.the cargo interestsD.the carrierIt is implied in the passage that ________.A.the carrier will not be responsible for the damage to a cargo contained in a container supplied by the carrierB.the carrier will in no way be responsible for the damage to a cargo contained in a container supplied by the shipperC.the carrier will be estopped from proving the insufficiency of packing of the GOODs within the container stuffed and sealed by the shipper even he has issued a clean bill of ladingD.by the principle of estoppel,the carrier will not be held responsible even the cargoes,such as antiques,furniture,porcelain and crystal,had been shipped in one containerThe insufficient ventilation of a container supplied by a shipper that causes the GOODs to spoil may preclude recovery ________.A.by the cargo interests against the carrierB.by the carrier against the ownersC.by the shipper against cargo interestsD.by the carrier against the cargo interests请帮忙给出每个问题的正确答案和分析,谢谢!
考题
The bill of lading serves as an evidence of the contract of carriage of goods by sea between the().A、carrier and consigneeB、carrier and shipperC、shipper and consigneeD、shipper and receiver
考题
If the goods is damaged or lost in the process of logistics, the shipper can()to carrier.A、claimB、ask for payC、sueD、fight
考题
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
考题
单选题Any shipper can insist upon the bill of lading incorporating a statement as to()of the goods.A
reasonable order and conditionB
apparent order and conditionC
rational order and conditionD
good order and condition
考题
单选题The carrier is entitled to carry the goods on deck only if such carriage is in accordance()an agreement with the shipper or with the usage of the particular trade or is required by statutory rules or regulations.A
toB
inC
onD
with
考题
单选题Sometimes the contract expressly gives the carrier the right to carry the goods beyond their destination,provided that()transships them and sends them back.A
heB
sheC
itD
the shipper
考题
单选题If the carrier and the shipper have agreed that the goods shall or may be carried on deck,the carrier must()in the bill of lading a statement to that effect.A
desertB
dessertC
insertD
reseat
考题
单选题The carrier can obtain()for loss caused to him by the shipper stating the particulars of the goods inaccurately.A
an indemnityB
liabilityC
responsibilityD
possibility
考题
单选题I shall give you the book ______ you return it no later than tomorrow.A
on condition thatB
in condition thatC
with condition thatD
in any condition
考题
单选题Should it appear that war or blockade would prevent the vessel from safely reaching the port of destination and / or discharging the goods thereat,the Carrier().A
is entitled to discharge the goods at the port of loading or any other safe and convenient place and terminate the contract of carriageB
is not entitled to terminate the contract of carriageC
is not entitled to claim against the shipper or charterer any damage that he will suffer with the cargo on boardD
is entitled to claim freight with the cargo on board
考题
单选题Goods of an inflammable,explosive or dangerous nature to the shipment whereof the carrier,master or agent of the carrier,has not consented,with knowledge of their nature and character,may at any time before discharge,()at any place or destroyed or rendered innocuous by the carrier without compensation.A
be loadedB
be landedC
be lendedD
be loaned
考题
单选题A clause in a bill of lading stating that the carrier would not be liable for any damage unless the shipper proved negligence or lack of due diligence on the carrier’s part()to be void because it shifted the burden of proof from the carrier to the shipper.A
was heldB
was carried outC
was encounteredD
was detained
考题
单选题()is entitled to enter into,with a shipper,any agreement,stipulation,condition,reservation or exception as to the responsibility and liability of the carrier or the ship for the loss of or damage to,or in connection with,the custody and care and handling of the goods prior to the loading on,and subsequent to the discharge from,the ship on which the goods are carried by sea.A
A carrierB
A consigneeC
A consignerD
A receiver
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