The carrier is entitled to limit his liability to the stated

题目
单选题
The carrier is entitled to limit his liability to the stated sum per package or unit even if he failedto exercise due diligence to make the vessel().
A

to be seaworthy

B

being seaworthy

C

be seaworthy

D

seaworthy

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相似问题和答案

第1题:

The Merchant undertakes that no claim or _______ shall be made against any servant,agent or subcontractor of the Carrier which imposes or attempts to impose upon any of them or any vessel owned by any of them any liability whatsoever in connection with the goods.

A.condition

B.determination

C.allegation

D.engagement


正确答案:B

第2题:

The defences and limits of liability ______ in this bill of lading shall apply in any action against the carrier for loss of or damage to the goods whether the action be founded in contract or in tort.

A.required

B.provided for

C.requested

D.supplied


正确答案:B

第3题:

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


正确答案:A

第4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

第5题:

Where both the carrier and the actual carrier are liable for compensation,they shall ______ be liable within the scope of such liability.

A.separately

B.jointly

C.severally

D.jointly and severally


正确答案:D

第6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 carrier

B.A consignee

C.A consigner

D.A receiver


正确答案:A

第7题:

Apart from special contract or statute every Shipowner is ______ a liability akin to that of a common carrier,irrespective of whether the goods were shipped by a Charterer or on a general ship.

A.on

B.in

C.under

D.at


正确答案:C

第8题:

材料:

The carrier is entitled,at port of shipment and / or port of discharge,to verify the quantity,weight,measurement and contents of the goods as declared by the merchant.If the weight,measurement,and / or contents of such goods as stated in the bill of lading turn out to be inconsistent with that of the goods actually loaded,and the freight paid falls short of the amount which would have been due if such declaration had been correctly given,the carrier is entitled to collect from the merchant as liquidated damages to the carrier double the amount of difference between the freight for the goods actually shipped and that mis-stated.The merchant shall be liable for loss of and damage to the vessel and / or goods arising or resulting from inaccuracies in stating the description,quantity,weight,measurement or contents of the goods and shall indemnify the carrier for the costs and expenses in connection with weighing,measuring and checking such goods.

问题:

A cargo of 1000 tons was actually shipped with the freight rate of US$10 per ton, but the shipper declared that it was 800 tons and the freight paid short accordingly. The carrier is entitled to claim from the shipper as liquidated damages the sum of US$ ______.

A.2000

B.8000

C.4000

D.10000

The carrier is most likely to verify ______ of the goods.A.the weight

B.the description

C.the marks

D.the damages

The purpose of this clause is to protect the interests of ______ .A.the carrier

B.the shipper

C.the merchant

D.all the parties concerned

Damages caused by inaccuracies in stating the description,quantity,weight,measurement or contents of the goods will be responsible by ______.A.the carrier

B.the shipper

C.the owner

D.the consignee

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:C


问题 2 答案解析:A


问题 3 答案解析:A


问题 4 答案解析:B

第9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 transferee

B.the title to the GOODs from the transferee to the transferor

C.in no way the title to the GOODs from the transferor to the transferee

D.the GOODs to the party entitled to their possession

The 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 GOODs

B.by having the carrier actually delivered the GOODs to him

C.by having the transferor endorsed the nonnegotiable bill

D.in no way

If 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 liable

B.he is not liable

C.it can not be determined whether he is liable or not

D.whether he is liable or not is to be determined by the law of the ship’s flag

In 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.he

B.the transferor

C.the transferee

D.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!


问题 1 答案解析:C


问题 2 答案解析:A


问题 3 答案解析:A


问题 4 答案解析:A

第10题:

Under documentary credit, the buyer is entitled to take delivery of the goods from the carrier or its agent before settling the payment.


正确答案:错误

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