Because most，if not all，of the evidence ______ the carrier，the burden of proof soon shifts to the carrier，once the claimant has made initial proof of improper care.A.are available forB.is available toC.are available toD.is available for

A、receipt of freight service

B、document of title

C、evidence of payment

D、contract between carrier and shipper

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 shipper

B.it shifted the burden of proof from the shipper to the carrier

C.it denied the burden of proof

D.it did not specify the burden of proof

If the Shipowner proves that prima facie the cause of damage was excepted，the burden of proof shifts to ______.

A.the Shipowner

B.the shipper

C.the Charterer

D.the carrier

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！

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！

Governments attach importance to the Internet because it _______ .

A offers economic potentials

B can bring foreign funds

C can soon wipe out world poverty

D connects people all over the world

The declaration made by the shipper， if embodied in the bill of lading， is ________ evidence， but is not binding or conclusive on the carrier．

A.absolute

B.important

C.decisive

D.prima facie

The ______ shall bear the burden of proof with respect to the loss，damage or delay in delivery resulting from the other cause．

A.carrier

B.shipper

C.consigner

D.consignee

材料：

The fact that the GOODs were damaged raises a prima facie case of negligence which can only be cleared by the carrier by showing what actually occurred. For example，a ship carried grain on MS Great Lakes to a port where it was stored aboard the ship under a special storage contract for 22 days after which it was discovered to be wet．Rough weather during the voyage was alleged but the Court insisted on strict proof of how and when the rough weather caused the wetting．

Therefore，to rebut the presumption of fault when relying upon its own reasonable care，the carrier must further prove that the damage was caused by something other than its own negligence．Once the shipper establishes a prima facie case，under“the policy of the law”the carrier must“explain what took place or suffer the consequences”．The law casts upon the carrier the burden of the loss which it cannot explain or，explaining，bring within the exception case in which he is relieved from liability．

问题：

The best title of this passage is ______．

A.The liabilities on the part of the carrier and shipper

B.Loss of and damage to cargoes

C.The burden of proof on the part of the shipper

D.The burden of proof on the part of the carrier

It is concluded from this passage that MS Great Lakes ______．A.was liable for the wet damage if it could not prove how and when the rough weather caused the wetting

B.was liable for the wet damage even it could prove how and when the rough weather caused the wetting

C.was liable for the wet damage even it could not prove how and when the rough weather caused the wetting

D.was not liable for the wet damage if it could not prove how and when the rough weather caused the wetting

According to this passage，_______．A.If a carrier cannot bring the reason of the loss into the exception case in which he is relieved from liability，he is liable for the loss

B.Even a carrier can bring the reason of the loss into the exception case in which he is relieved from liability，he is still held liable for the loss by the court

C.Should a carrier bring the reason of the loss into the exception case in which he is relieved from liability，he could be held liable for the loss by the court

D.Should a carrier not bring the reason of the loss into the exception case in which he is relieved from liability，he could not be held liable for the loss by the court

The prima facie case of negligence in this passage refers to the one in which ______．A.a presumption of fault was made on the part of the carrier

B.a presumption of fault was made on the part of the shipper

C.a reasonable care was used by the carrier

D.a reasonable care was used by the shipper

请帮忙给出每个问题的正确答案和分析，谢谢！

材料：

When a clean bill of lading has been issued，estoppel arises or，in other words，the carrier is prevented from proving，as against a third party relying on the clean bill of lading，that there was any thing wrong．In the case of inherent vice，however，which is a natural defect in the thing shipped，the carrier is not estopped by his clean bill of lading，because a clean bill of lading，in stating that a certain cargo is on board，gives sufficient notice that this cargo，in the natural course of events，may have certain qualities or defects which all similar cargo normally has．For example，a cargo of flour will shrink slightly，and this fact does not have to be noted on the face of the bill of lading．

Similarly，where cargo is unfit to withstand the ordinary incidents of the contractual voyage contemplated by the parties，owing to some inherent vice or hidden defect presented within it，the carrier is not estopped by the clean bill of lading from asserting the inherent defect exception，provided that the damage has not been aggravated by any conduct of the carrier or those for whom he is responsible．

The carrier issuing a clean bill of lading is only bound by his statements as to the outward condition of the cargo and is therefore not estopped from proving inherent vice or hidden defect when that vice or defect was not apparent at the time of shipment．In other words，a clean bill of lading does not necessarily fulfill the shipper&39;s burden of proof in respect to inherent vice or hidden defect．

问题：

The slight shrinkage of flour is ________．

A.an inherent defect of the cargo

B.a damage which is always aggravated by the conduct of carrier

C.a vice or defect which should be noted on face of B/L due to the fact that it is not apparent at the time of shipment

D.an outward condition of the cargo

The carrier issuing a clean bill of lading will only be bound by ________．A.any thing wrong in the natural course of events

B.the conduct of the carrier or those for whom he is responsible

C.inherent vice or hidden defect presented within the cargo

D.the apparent order and condition of the cargo

Of the following，________ in the cargo shipped on board his vessel should be considered as a thing that will give rise to estoppel on the part of the carrier．A.ordinary incident

B.hidden defect

C.inherent vice

D.inherent defect

It is concluded that on issuing a clean bill of lading，the carrier ________．A.indicates that the cargo is unfit to withstand the ordinary incidents of the contractual voyage contemplated by the parties

B.gives sufficient notice that this cargo has no defects which all similar cargo normally has

C.will be prevented from proving there is any natural defect in the thing shipped

D.will not be estopped from proving inherent vice or hidden defect when that vice or defect was not apparent at the time of shipment

请帮忙给出每个问题的正确答案和分析，谢谢！