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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 part
B.for the whole
C.for the parts of damage not due to causes within the exception
D.for the parts of damage due to causes within the exception
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更多 “ 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 ” 相关考题
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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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单选题Under the Carriage of Goods by Sea Act of 1936,a vessel will be liable for damage to a cargo when the damage arises out of().A
delays due to seizure of the vesselB
fire caused by fault of the carrierC
strikes or lockoutsD
improper stowage
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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()the terms of the contract or the statute.A
withB
onC
forD
by
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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 the bill of lading()contain a space in which the shipper can insert the declared value of the goods,the Shipowner is not entitled to limit his liability.A
doesB
didC
does notD
will not
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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The reason for the obligation to load a full cargo()that otherwise the Shipowner would lose freight on account of some part of the ship’s carrying capacity not being utilized.A
isB
makesC
hasD
takes
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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Owners are to be responsible for loss of or damage to the goods or delay in delivery of the goods only in case the loss,damage or delay has been caused by the improper or negligent stowage of the goods.This means that().A
Owners are to be responsible for loss or damage even such loss or damage is not caused by the improper stowageB
Owners are only responsible for the loss or damage or delay caused by improper or negligent stowageC
Both A and B are rightD
Both A and B are wrong
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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If the ship cannot finish the voyage,the Shipowner must forward the goods by some other means ()his claim to freight is lost.A
thenB
andC
whenD
or
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单选题The Shipowner’s right of the lien can()against all goods consigned to the same person on the same voyage,even under different bills of lading,but not against goods on different voyages under different contracts.A
takenB
be exercisedC
be doneD
be had
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单选题A claim for cargo damages may be held against the shipowner if such damage is the result of failure of the ship’s officers to().A
ensure the fitness and safety of cargo spacesB
ensure adequate packaging of the cargoC
prevent delays due to quarantine restrictionsD
correct all defects in the ship's construction
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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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