Neither the carrier nor the ship be responsible for loss or damage arising or resulting from following causes except ______.A.Act of public enemiesB.Arrest or restraint of princes,rulers or people,or seizure under legal processC.Quarantine restrictionsD.a

题目

Neither the carrier nor the ship be responsible for loss or damage arising or resulting from following causes except ______.

A.Act of public enemies

B.Arrest or restraint of princes,rulers or people,or seizure under legal process

C.Quarantine restrictions

D.any personal misconduct with or without carrier's privity


相似考题
参考答案和解析
正确答案:D
更多“Neither the carrier nor the ship be responsible for loss or damage arising or resulting fr ”相关问题
  • 第1题:

    Dry cargoes are those commodities that ______.

    A.never leak but may be spoiled by leakage

    B.sometimes leak and damage themselves

    C.often leak and damage other cargo

    D.neither leak nor will be damaged by leakage


    正确答案:A

  • 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


    正确答案:D

  • 第3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4题:

    The carrier shall not be liable for the loss of or damage to the goods occurred during the period of carrier's responsibility arising or resulting from any of the following causes except ______.

    A.Fire,unless caused by the actual fault of the carrier

    B.Force majeure and perils,dangers and accidents of the sea or other navigable waters

    C.War or armed conflict

    D.Intentional misconducts by the crew members on board the ship against the carrier


    正确答案:D

  • 第5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6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!


    问题 1 答案解析:A


    问题 2 答案解析:A


    问题 3 答案解析:B


    问题 4 答案解析:D

  • 第7题:

    Which of the following coverage usually covers partial loss or damage resulting from natural calamities?()

    • A、ICC(B)
    • B、All risks
    • C、WA
    • D、FPA

    正确答案:A,B,C

  • 第8题:

    单选题
    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: C
    解析: 暂无解析

  • 第9题:

    单选题
    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: D
    解析: 暂无解析

  • 第10题:

    单选题
    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
    解析: 暂无解析

  • 第11题:

    单选题
    A serious loss of reserve buoyancy resulting from flooding any compartment of a ship will always().
    A

    increase the trim

    B

    change the free surface effect

    C

    cause a serious list

    D

    decrea e ship stabilty


    正确答案: D
    解析: 暂无解析

  • 第12题:

    单选题
    ()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: B
    解析: 暂无解析

  • 第13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14题:

    ______ is responsible in any event for loss or damage to or in connection with the goods if their nature or value has been knowingly mis-stated by the shipper in the Bill of Lading.

    A.The carrier

    B.The Shipowner

    C.The carrier or the Shipowner

    D.Neither the carrier nor the Shipowner


    正确答案:D

  • 第15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16题:

    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


    正确答案:A

  • 第17题:

    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!


    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:A

  • 第18题:

    Multi-purpose ship carries().

    • A、not only general cargo
    • B、but also bulk cargo
    • C、A+ B
    • D、Neither A nor B

    正确答案:C

  • 第19题:

    单选题
    The carrier was responsible for the damage to the licorice for he failed to().
    A

    recooper the broken cases

    B

    endorse the bill of lading

    C

    make a proper stowage

    D

    remove the foreign material in it


    正确答案: D
    解析: 暂无解析

  • 第20题:

    单选题
    ()is responsible in any event for loss or damage to or in connection with the goods if their nature or value has been knowingly mis-stated by the shipper in the Bill of Lading.
    A

    The carrier

    B

    The Shipowner

    C

    The carrier or the Shipowner

    D

    Neither the carrier nor the Shipowner


    正确答案: B
    解析: 暂无解析

  • 第21题:

    单选题
    The carrier is liable for loss of or damage to the goods or delay in delivery caused by fire,()the claimant proves that the fire arose from fault or neglect on the part of the carrier,his servants or agents.
    A

    should

    B

    shall

    C

    that

    D

    if


    正确答案: C
    解析: The carrier is liable for loss resulting from loss of or damage to the goods, as well as from delay in delivery, if the occurrence which caused the loss,damage or delay took place while the goods were in his charge, unless the carrier proves that he, his servants or agents took all measures that could reasonably be required to avoid the occurrence and its consequences.

  • 第22题:

    单选题
    ()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.
    A

    The Merchant

    B

    The Carrier

    C

    The Ship Owners

    D

    Both the Merchant and the Carrier


    正确答案: A
    解析: 暂无解析

  • 第23题:

    单选题
    A serious loss of reserve buoyancy resulting from flooding any compartment of a ship will always().
    A

    increase the trim

    B

    change the free surface effect

    C

    cause a serious list

    D

    decrease ship stability


    正确答案: A
    解析: 暂无解析