It is usually decided by the ______ terms whether the shipper or the consignee pays for the cargo insurance.
A.insurance
B.sales
C.bill of lading
D.charter party
第1题:
In accepting this bill of lading the shipper,consignee and/or the owners of the goods and the holder of this bill of lading,______ accept and agree to all this stipulations,conditions and exceptions,whether written,printed,stamped or incorporated on the front or back hereof,as fully as if they were all signed by such shipper,consignee,owner or holder.
A.necessarily
B.expectively
C.expressly
D.intentionally
第2题:
A charter-party usually contains a clause stating that the master is to be under the orders of the ______ as regards employment,agency or other arrangements.
A.Shipowner
B.Charterer
C.carrier
D.shipper
第3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!
第4题:
第5题:
In addition to setting the price of a product, business firms must decide () to offer special discount and credit terms to their customers.
第6题:
海运提单的抬头和汇票的抬头分别是指:()
第7题:
The bill of lading serves as a document of title enabling the goods to be transferred from the shipper to the consignee or any other party by endorsement.The()can not be transferred to the third parties by endorsement.
第8题:
log book
short/over-loaded cargo list
the mate's receipt
manifest
第9题:
对
错
第10题:
insurance
sales
bill of lading
charter party
第11题:
it is usually cancelled
its bill of lading not signed
the shipper pays for it
a remark is made for it
第12题:
the supercargo's
the shipper's
the merchant's
the consignee's
第13题:
Sometimes the charter-party states that the amount of cargo to be loaded is to be decided by the shipowners,e.g. 10000 tons of 2240 1bs.,12% more or less at ______ option.
A.Charterer's
B.cargo owner's
C.owner's
D.shipper's
第14题:
Yesterday afternoon 2 cargo surveyors appointed by the consignee came on board for investigation. I told them the cargo was loaded between Aug. 14th. and 16th. Under favorable weather without any remarks on __________.
A.log book
B.short/over-loaded cargo list
C.the mate’s receipt
D.manifest
第15题:
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 carrier&39;s 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 courts
B.acceptable in courts
C.a non-delegable clause in the bill of lading
D.incorporated in the bill of lading to avoid superior bargaining by the carrier against the receiver
The prevalent view is that ______.A.the carrier may validly delegate its responsibility for discharging the cargo to another party
B.whether the carrier may validly delegate its responsibility for discharging the cargo to another party is still in dispute
C.it is not necessary to consider whether the carrier may validly delegate its responsibility for discharging the cargo to another party
D.the carrier may mot validly delegate its responsibility for discharging the cargo to another party
It can be inferred that the author ______ the opinion that the carrier may validly delegate its responsibility for discharging the cargo to another party.A.supports
B.does not support
C.has not indicated whether he supports or not
D.has no interest in discussing
In 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 consignee
B.has nothing to do with the responsibility of the carrier
C.relieves or lessens the carrier's obligations otherwise than as permitted by the Act
D.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!
第16题:
第17题:
“收货人;发货人;出口商”,正确的翻译为()。
第18题:
Usually, the straight bill of lading is non-negotiable, that is, the goods must be sent to the consignee named in the bill of lading by the carrier.
第19题:
In consolidation service, it is usually the consignor who issues to each consignee his bill of lading.
第20题:
Which
There
Where
While
第21题:
对
错
第22题:
Bill of Goods
Bill of Lading
Cargo Manifest
Cargo Receipt
第23题:
the cargo
the cargo damaged
the cargo minus the franchise
the cargo damaged minus the franchise