Although the Shipowner may be responsible for the loss or damage to the goods,his liabilit

题目

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.with

B.on

C.for

D.by

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相似问题和答案

第1题:

The Shipowner must not stow goods on deck ______ there is a trade usage to that effect or the Charterer has given his express or implied consent.

A.whether

B.if

C.unless

D.that


正确答案:C

第2题:

Even if ______ vessel was unseaworthy,a Shipowner can still rely on the exception perils if the loss has not been caused by unseaworthiness.

A.her

B.their

C.its

D.his


正确答案:D

第3题:

Even if the Shipowner is liable for the loss of or damage to the goods whilst in his custody, his ________ may have been limited by a clause in the contract or by statute, so that the owner of the cargo will be unable to recover the full amount of his loss.

A.liberty

B.liability

C.possibility

D.reasonability


正确答案:B

第4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 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!


问题 1 答案解析:D


问题 2 答案解析:C


问题 3 答案解析:B


问题 4 答案解析:A

第5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 stowage

B.Owners are only responsible for the loss or damage or delay caused by improper or negligent stowage.

C.Both A and B are right

D.Both A and B are wrong


正确答案:B

第6题:

If he is a common carrier,he is absolutely responsible to the owner of the goods carried ______ any loss or damage to them unless caused by an Act of God or the Queen's enemies,or the inherent vice in the goods themselves,or the negligence of the owner of the goods,or a general average sacrifice.

A.by

B.to

C.at

D.for


正确答案:D

第7题:

If the carrier is responsible for the damage or loss of the cargo,______ will have to pay to the insurance company.

A.the cargo holder

B.the Shipowner

C.the ship's crew

D.the P and I Club


正确答案:B

第8题:

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


正确答案:B

第9题:

Although goods have been lost or damaged whilst in the custody of the Shipowner,______ not necessarily responsible,for his liability in respect of them may have been excluded by the rules of common law or by the express terms of the contract or by statute.

A.she is

B.he is

C.they are

D.it is


正确答案:B

第10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 owners

B.shippers

C.charterers

D.the merchant

The duration of the liability of the carrier or ship in respect of loss of or damage to cargo is ________.A.one year

B.three days

C.not mentioned

D.variable with the kind of cargo carried and the voyage the vessel has completed

This clause is most likely extracted from ________.A.Hague Rules

B.Marpol 73/78

C.SOLAS

D.IMDG Code

It 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 cargoes

B.the shipper shall indemnify the carrier against no loss,damage and expense arising or resulting from inaccuracies in particulars concerning cargoes

C.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 him

D.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!


问题 1 答案解析:A


问题 2 答案解析:A


问题 3 答案解析:A


问题 4 答案解析:D

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