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单选题
The mere inclusion of an arbitration clause in a bill of lading to which the Hague Rules apply as a matter of contract does not deprive the carrier()the one year time limit.
A
by
B
to
C
of
D
off
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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
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材料:As with the duties of loading and stowing of the carrier under Hague Rules and national statutes incorporating one or other of those Rules,there is a difference of opinion as to whether the carrier may validly delegate its responsibility for discharging the cargo to another party,notably to the consignee.Despite some lower court expressions to the contrary,the more prevalent view is that loading,stowing and discharging are “non-delegable”obligations of the carrier of GOODs by sea.In consequence,while it may be permissible to transfer the responsibility for paying for loading,stowing and discharging to the shipper or consignee(e.g.by inserting an“FIOST”clause in the bill of lading),this or any other clauses which purport to also transfer the liability for fault or negligence in the conduct of these operations from the carrier to cargo are null and void,because they relieve or lessen the carriers obligations otherwise than as permitted by the Act.This position is well-founded,given the fundamental purpose of the Rules and the national statutes of protecting shippers and consignees against the superior bargaining power of carriers.While acceptable in charterparties,which are contracts of private carriage,such clauses are rightly set aside by courts in carriage under bills of lading.问题:According to this passage,“FIOST”clause in the bill of lading is ______.A.not accepted by courtsB.acceptable in courtsC.a non-delegable clause in the bill of ladingD.incorporated in the bill of lading to avoid superior bargaining by the carrier against the receiverThe prevalent view is that ______.A.the carrier may validly delegate its responsibility for discharging the cargo to another partyB.whether the carrier may validly delegate its responsibility for discharging the cargo to another party is still in disputeC.it is not necessary to consider whether the carrier may validly delegate its responsibility for discharging the cargo to another partyD.the carrier may mot validly delegate its responsibility for discharging the cargo to another partyIt can be inferred that the author ______ the opinion that the carrier may validly delegate its responsibility for discharging the cargo to another party.A.supportsB.does not supportC.has not indicated whether he supports or notD.has no interest in discussingIn the eyes of law,an“FIOST”clause in the bill of lading ______.A.does not transfer the responsibility for paying for loading,stowing and discharging to the shipper or consigneeB.has nothing to do with the responsibility of the carrierC.relieves or lessens the carrier's obligations otherwise than as permitted by the ActD.imposes more obligations to the carrier than as permitted by the Act请帮忙给出每个问题的正确答案和分析,谢谢!
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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
考题
When()the contract,please include the arbitration clause.A、draftB、draftingC、to draftD、drafted
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单选题Higher compensation may be claimed only when,with the consent of the carrier,the value of the goods declared by the shipper which()the limits laid down in this clause has been stated in this bill of lading.A
increasesB
exceedsC
decreasesD
reduces
考题
单选题When()the contract,please include the arbitration clause.A
draftB
draftingC
to draftD
drafted
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单选题Lines 19-21 suggest that Ghirlandaio believes that feet ______.A
are too difficult for an apprentice to attempt to drawB
help to convey a figure's individuality and characterC
do not appear in his frescoes and therefore do not merit inclusion in his sketchesD
are not important enough to include in a mere sketchE
are so ungainly that they would detract from the grace of his figures
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单选题If the goods are not delivered,or delivered in a damaged condition,a claim may be ()within a period of certain years unless there is a clause to the contrary in the charter-party or bill of lading.A
takenB
goneC
gottenD
made
考题
单选题Any dispute arising under the Charter to be()to arbitration in Beijing.A
disposedB
referredC
interferedD
discharged
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单选题All disputes arising under or in connection with China Ocean Shipping Company Bill of Lading Clauses shall be determined().A
by international law in the courts of or by arbitration in any country the defendant choosesB
by Hague RulesC
by New Jason ClausesD
by Chinese law in the courts of or by arbitration in the PRC
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单选题()anything provided for in Clause 7 and 8 of this bill of lading and subject to Clause 17,if it can be proved where the loss or damage occurred the carrier and the merchant shall,as to the liability of the carrier,be entitled to require such liability to be determined by the provisions contained in any relevant international convention or national law.A
NotwithstandingB
WhatsoeverC
WhereaboutD
Nevertheless
考题
多选题In which four clauses can a subquery be used? ()Ain the INTO clause of an INSERT statementBin the FROM clause of a SELECT statementCin the GROUP BY clause of a SELECT statementDin the WHERE clause of a SELECT statementEin the SET clause of an UPDATE statementFin the VALUES clause of an INSERT statement
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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
名词解释题genera paramount clause in a bill of lading issued pursuant to a charter party
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