The invariable result of ______ average is that the loss falls on the owner of the particular property which has suffered the damage,whether that damage was due to deliberate sacrifice or to an accident.
A.special
B.particular
C.general
D.total
第1题:
uring the course of a voyage,a seaman falls on the main deck and injures his ankle. The Master should submit a Report of Marine Accident,Injury or Death if the ______.
A.injury results in loss of life only
B.injury is the result of misconduct
C.injured is incapacitated
D.injured needs first aid
第2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
第3题:
The onus of proof is upon ______the party claiming in general average to show that the loss or expense claimed is properly allowable as general average.
A.the party from which general average is claimed
B.the party claiming in general average
C.the carrier
D.the shipper
第4题:
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 carrier&39;s part.
Most more recent decisions and authors,however,uphold the view that,in general,the carrier may rebut the claimant&39;s 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 carrier&39;s 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 damage
B.it is proved that the fault or neglect on his part is not the true cause of the loss or damage
C.it is too onerous for him to demonstrate that the loss or damage is caused by what is beyond his control
D.if there are conjectures and speculation
In 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 part
B.the loss or damage was caused by one of the excepted perils
C.the harm did not result from any negligence on his part
D.there are conjectures and speculation
In 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 part
B.the loss or damage was caused by one of the excepted perils
C.the harm did not result from any negligence on his part
D.there are conjectures and speculation
It 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 perils
B.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 Rules
C.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 Rules
D.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!
第5题:
A power loss during a firmware update would MOST likely result in which of the following?()
第6题:
injured needs first aid
injured is incapacitated
injury results in loss of life only
injury is the result of misconduct
第7题:
Half the number of courses
Half the sum of course grades
The number of courses
The average of the course grades
The sum of the course grades
第8题:
oil
sea water
refrigerant
fresh water
第9题:
firm
sure
good
fair
第10题:
actual total loss
constructive total loss
general average
particular average
第11题:
750 and 850
850 and 950
950 and 1050
第12题:
injured is unfit for duty
injured is able to return to work
injury results in loss of life only
injury is the result of misconduct
第13题:
Particular average is ______.
A.the average distance steamed per day over the duration of the voyage
B.charges against all parties in a marine venture to pay for damages
C.loss sustained by only one party
D.claimed after all liens against the vessel are settled
第14题:
The master of a ship must collect general average contributions for the benefit of those entitled to them,whether they are cargo owners or ship owner,and ______ the Shipowner's lien on the cargo,where necessary,until they are paid.
A.exercise
B.take
C.make
D.have
第15题:
材料:
Following a general average incident,ship agents and surveyors play a significant role.A ship agent,in addition to the normal duties of port and husbandry agency,will assist the master in the aftermath of a general average incident to make a declaration which complies with the local law and custom of the port.
Once the average adjuster has confirmed that security has been obtained from all the interested parties,the agent is instructed by the ship owner to permit delivery of the cargo.If cargo has been discharged to lighten the vessel,or cargo has been transshipped to a final destination,the agent will be responsible for keeping full and complete records of all movements and expenditure attributable to the general average.
After any incident,a large number of surveyors representing various interests will descend on the vessel.Some of these surveyors will not be involved directly in the general average process.However,if it has become necessary to sacrifice or discharge a part of the cargo before arrival at the final destination stated on the bill of lading,the ship owner will appoint surveyors to report on the condition and quantity of cargo.
Such surveyors,usually called general average surveyors,will act in the interests of all the parties involved(and may also represent hull and machinery interests).If possible,the account representing expenditure incurred should be examined and approved by the general average surveyor before settlement.
问题:
Which of the following is NOT correct as to the general average surveyors ___________.
A.They may sometimes be involved into the examination and approval of general average expenditures
B.They may sometimes be involved into the examination and approval of general average sacrifices
C.They will act in the interests of all the parties involved
D.They will look at particularly the general average matters
What does this passage imply for the shipmasters when a general average incident occurred onboard ___________.A.He can rely on greatly the general average surveyors
B.He can rely on greatly the ship agent
C.He can rely on greatly the interested parties
D.He can rely on greatly other surveyors
The ship agent mentioned in the passage behaves ______.A.for the benefit of the cargo owner
B.for the benefit of the shipowner
C.for the benefit of the salvors
D.for the benefit of the interested parties other than the above
The security required by the owner of ship and provided by relevant interested parties in general average cases is for the purpose of _______.
① contributing to the losses and damages of general average nature;
② securing all the general average contributions;
③ Securing all the payment of Sue and Labour;
④ contributing to the losses and damages of particular average nature.
A.①③④
B.①②③
C.①②
D.②③④
请帮忙给出每个问题的正确答案和分析,谢谢!
第16题:
Businesses face three types of economic impacts as a result of hacks or intrusions: immediate,short-term, and long-term. Which two best describe short-term economic impacts that can becaused by a security breach?()
第17题:
less favors from your boss.
the loss of your job.
a dent in your reputation.
the loss of your opportunities for promotion.
第18题:
is
be
will be
to be
第19题:
to ensure safety at sea
to ensure prevention of human injury or loss of life
to ensure avoidance of damage to the environment,in particular,to the marine environment,and to property
to ensure achievement of shipping profits by both the carrier/owner and the shipper
第20题:
by
to
at
for
第21题:
actual total loss
constructive total loss
general average
particular average
第22题:
oil
sea water
air
fresh water
第23题:
number of fishhooks
kink in the line
50% loss of efficiency of the line
increase in deterioration of the line