材料：In a bill of lading there might be a clause known as general liberty to carry on deck clause which reads“Carrier has liberty to carry GOODs on deck”．This clause frequently gives the carrier the option of stowing the cargo either on or under deck，while

题目

材料：

In a bill of lading there might be a clause known as general liberty to carry on deck clause which reads“Carrier has liberty to carry GOODs on deck”．This clause frequently gives the carrier the option of stowing the cargo either on or under deck，while also exempting the carrier from all liability for loss of or damage to cargo stowed on deck．

A clause of this type is an option，not a statement．The problem arises when the bill of lading contains this clause，but the face of the bill of lading does not state that the cargo was loaded on deck．Under such circumstances，it would appear that deck carriage is unjustifiable for at least two reasons：a）The general liberty to carry on deck clause is merely an option to carry on deck，a choice which the carrier ordinarily does not make．If the bill of lading does not bear a statement on its face giving notice that the cargo is actually stowed on deck，then by default the option has been exercised in favour of under deck carriage．b）The typewritten or handwritten wording on the face of a bill of lading has precedence over the bill&39;s printed clauses．And a clean bill of lading，because it implies under-deck stowage，is functionally equivalent to a typewritten or handwritten notation on the face of the document calling for carriage below deck．A clean bill of lading therefore overrides the printed liberty to carry on deck clause．

A general deck carriage clause without a statement on the face of the bill of lading that cargo is carried on deck is merely an option not exercised and the deck carriage is therefore a fundamental breach of the contract and the Rules．

问题：

A clause which reads“Carrier has liberty to carry GOODs on deck”contained in B/L is ________．

A.a statement

B.a problem

C.an option

D.a typewritten or handwritten wording on its face

If there is no deck stowage statement on the face of B/L，it is implied that ________．A.all cargoes are stowed under deck

B.all cargoes are stowed on deck

C.cargoes are stowed either on or under deck

D.it can not be decided whether cargoes are stowed on or under deck

If a handwritten wording on the face of B/L is in conflict with one of its printed clause，________．A.the handwritten wording shall prevail

B.the printed clause shall prevail

C.both the handwritten wording and the printed clause shall be ignored

D.the B/L shall become null and void

The deck carriage is justifiable only when ________．A.there is a general liberty to carry on deck clause in the B/L and a statement on its face that the cargo is actually stowed on deck

B.there is either a general liberty to carry on deck clause in the B/L or a statement on its face that the cargo is actually stowed on deck

C.there is neither general liberty to carry on deck clause in the B/L nor a statement on its face that the cargo is actually stowed on deck

D.only when the carrier is exempted from all liability for loss of or damage to cargo stowed on deck

请帮忙给出每个问题的正确答案和分析，谢谢！

相似考题

1.听力原文：The advising bank will send the bill of lading and the L/C back to the issuing bank to get reimbursed.(2)A．The issuing bank will send the bill of lading and the L/C to the advising bank.B．The issuing bank will notify the advising bank of the bill of lading and the L/CC．The advising bank will reimburse the bill of lading and the L/CD．The issuing bank will reimburse the bill of lading and the L/C

2.A vessel loads 5000 tons of manganese ore. The railroad cars that brought the ore to the vessel were previously loaded with iron ore so the ore is contaminated. The agent requests the Master to sign a Clean Bill of Lading and in return the shipper willA.Sign a Clean Bill of Lading and accept the Letter of IndemnityB.Refuse to sign a Clean Bill of LadingC.Sign the Clean Bill of Lading and have the agent countersign itD.Sign a Clean Bill of lading under protest

3.In case of inconsistency between this bill of lading and the applicable tariff，this bill of lading shall ______.A.prevailB.provideC.applyD.supply

4.材料：If，by reason of or in compliance with any such directions or recommendations，the vessel does not proceed to the port or ports named in the Bill of Lading or to which she may have been ordered pursuant thereto，the Vessel may proceed to any port as directed or recommended or to any safe port which the Owners in their discretion may decide on and there discharge the cargo．Such discharge shall be deemed to be due fulfillment of the contract of affreightment and the Owners shall be entitled to freight as if discharge had been effected at the port or ports named in the Bill of Lading or to which the Vessel may have been ordered pursuant thereto．问题：If the vessel does not, under the directions of the Charterer, proceed to the port or ports named in the Bill of Lading or to which she may have been ordered pursuant thereto to, she may proceed to all the following ports except ______ ．A.any port as directedB.any port as recommendedC.any safe port which the Owners in their discretion may decide onD.the port or ports of originAt the substituted port, the carrier is entitled to ______ freight if he had dilivered full cargo there．A.full freightB.half freightC.no freightD.reasonable freightThe contract of affreightment is referred to ______ ．A.a contract of carriage by which the carrier is entitled to carry certain amount of cargo in a specified time by any vessel or vessels either belonging to himself or to othersB.a contract of carriage, such as GenconC.a contract of tradeD.a contract of salesThis is a ______ ．A.a clause of a contractB.an explanation of a clause in a contractC.a requirement from a governmentD.an article of an international convention请帮忙给出每个问题的正确答案和分析，谢谢！

参考答案和解析
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
更多“材料:In a bill of lading there might be a clause known as general liberty to carry on deck ”相关问题

  • 第1题：

    In no case ______ to function as a document of title．

    A.a bill of lading does not fail

    B.does not a bill of lading fail

    C.does a bill of lading fail

    D.a bill of lading does fail


    正确答案：C

  • 第2题：

    翻译：Neither the consignee nor the holder of the bill of lading shall be liable for the demurragedead freight and all other expenses in respect of loading occurred at the loading port unless the bill of lading clearly states that the aforesaid demurragedead freight and all other expenses shall be borne by the consignee and the holder of the bill of lading。


    正确答案:收货人、提单持有人不承担在装货港发生的滞期费、亏舱费和其他与装货有关的费用，但是提单中明确载明上述费用由收货人、提单持有人承担的除外

  • 第3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.


    正确答案:正确

  • 第4题：

    英译中：Bill of lading


    正确答案: 托运单

  • 第5题：

    问答题
    翻译：Neither the consignee nor the holder of the bill of lading shall be liable for the demurragedead freight and all other expenses in respect of loading occurred at the loading port unless the bill of lading clearly states that the aforesaid demurragedead freight and all other expenses shall be borne by the consignee and the holder of the bill of lading。

    正确答案： 收货人、提单持有人不承担在装货港发生的滞期费、亏舱费和其他与装货有关的费用，但是提单中明确载明上述费用由收货人、提单持有人承担的除外
    解析： 暂无解析

  • 第6题：

    单选题
    The master（）in delivering the goods to the consignee named in the bill of lading on production thereof，or to the first person who presents a properly indorsed bill of lading.
    A

    justifies

    B

    justified

    C

    is justifying

    D

    is justified


    正确答案： B
    解析： 暂无解析

  • 第7题：

    单选题
    If the carrier and the shipper have agreed that the goods shall or may be carried on deck，the carrier must（）in the bill of lading a statement to that effect.
    A

    desert

    B

    dessert

    C

    insert

    D

    reseat


    正确答案： D
    解析： 暂无解析

  • 第8题：

    单选题
    A vessel loads 100 tons of glass jars. The mate on watch discovers that some of the cartons have been damaged and has an exception made on the Bill of Lading. What is this document called?（）
    A

    Damage Bill of Lading

    B

    Letter of Indemnity

    C

    Non-negotiable Bill of Lading

    D

    Unclean Bill of Lading


    正确答案： B
    解析： 暂无解析

  • 第9题：

    单选题
    The mere inclusion of an arbitration clause in a bill of lading to which the Hague Rules apply as a matter of contract does not deprive the carrier（）the one year time limit.
    A

    by

    B

    to

    C

    of

    D

    off


    正确答案： C
    解析： 暂无解析

  • 第10题：

    单选题
    In the Northern Hemisphere，the right half of the storm is known as the dangerous semicircle because（）.
    A

    the wind speed is greater here since the wind is traveling in the same general direction as the storm's track

    B

    the direction of the wind and seas might carry a vessel into the path of the storm

    C

    the seas are higher because of greater wind speed

    D

    All of the above


    正确答案： A
    解析： 暂无解析

  • 第11题：

    单选题
    In no case（）to function as a document of title.
    A

    a bill of lading does not fail

    B

    does not a bill of lading fail

    C

    does a bill of lading fail

    D

    a bill of lading does fail


    正确答案： C
    解析： 暂无解析

  • 第12题：

    单选题
    主甲板以下是二层甲板。（）
    A

    The deck below the lower deck is known as ‘tween deck.

    B

    The deck below the main deck is known as ‘tween deck.

    C

    The deck above the main deck is known as ‘tween deck.

    D

    The deck below the lower deck is known as main deck.


    正确答案： B
    解析： 暂无解析

  • 第13题：

    主甲板以下是二层甲板。（）

    • A、The deck below the lower deck is known as ‘tween deck.
    • B、The deck below the main deck is known as ‘tween deck.
    • C、The deck above the main deck is known as ‘tween deck.
    • D、The deck below the lower deck is known as main deck.

    正确答案:B

  • 第14题：

    genera paramount clause in a bill of lading issued pursuant to a charter party


    正确答案:租船下签发的提单中的首要条款。一般而言，各国法律对租船合同的约束都以“意思自治”为原则，但大量标准合同中都订有出租人对其雇员或代理的行为不负责任的条款，而租船合同下签发的提单又往往以“并入条款”并入合同内容。提单持有人会因此而承担巨大的损失，故而不愿接受此种提单。为促进提单的流通性，加入首要条款，使承运人能够按该条款指明的国际公约或国内法的规定承担义务和责任，保护收货人或提单持有人的利益。

  • 第15题：

    There are several forms of bills of lading such as straight bill of lading， shipped bill of lading， clean bill of lading and order bill of lading etc.（）confirms that the goods are actually loaded on board the vessel.

    • A、Straight bill of lading
    • B、Shipped bill of lading
    • C、Clean bill of lading
    • D、Order bill of lading

    正确答案:B

  • 第16题：

    单选题
    Higher compensation may be claimed only when，with the consent of the carrier，the value of the goods declared by the shipper which（）the limits laid down in this clause has been stated in this bill of lading.
    A

    increases

    B

    exceeds

    C

    decreases

    D

    reduces


    正确答案： C
    解析： 暂无解析

  • 第17题：

    判断题
    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.
    A

    对

    B

    错


    正确答案： 错
    解析： 暂无解析

  • 第18题：

    单选题
    （）anything provided for in Clause 7 and 8 of this bill of lading and subject to Clause 17，if it can be proved where the loss or damage occurred the carrier and the merchant shall，as to the liability of the carrier，be entitled to require such liability to be determined by the provisions contained in any relevant international convention or national law.
    A

    Notwithstanding

    B

    Whatsoever

    C

    Whereabout

    D

    Nevertheless


    正确答案： C
    解析： 暂无解析

  • 第19题：

    单选题
    In case of inconsistency between this bill of lading and the applicable tariff，this bill of lading shall（）.
    A

    prevail

    B

    provide

    C

    apply

    D

    supply


    正确答案： D
    解析： 暂无解析

  • 第20题：

    单选题
    If the indorsee of a bill of lading sells the goods and re-indorses the bill of lading，he ceases（）responsible for liabilities under the contract.
    A

    being

    B

    to be

    C

    having

    D

    to have


    正确答案： B
    解析： 暂无解析

  • 第21题：

    单选题
    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（）to be void because it shifted the burden of proof from the carrier to the shipper.
    A

    was held

    B

    was carried out

    C

    was encountered

    D

    was detained


    正确答案： D
    解析： 暂无解析

  • 第22题：

    名词解释题
    genera paramount clause in a bill of lading issued pursuant to a charter party

    正确答案： 租船下签发的提单中的首要条款。一般而言，各国法律对租船合同的约束都以“意思自治”为原则，但大量标准合同中都订有出租人对其雇员或代理的行为不负责任的条款，而租船合同下签发的提单又往往以“并入条款”并入合同内容。提单持有人会因此而承担巨大的损失，故而不愿接受此种提单。为促进提单的流通性，加入首要条款，使承运人能够按该条款指明的国际公约或国内法的规定承担义务和责任，保护收货人或提单持有人的利益。
    解析： 暂无解析

  • 第23题：

    单选题
    A vessel loads 5000 tons of manganese ore. The railroad cars that brought the ore to the vessel were previously loaded with iron ore so the ore is contaminated. The agent requests the Master to sign a Clean Bill of Lading and in return the shipper will give him a Letter of Indemnity. What is the best procedure to follow? （）
    A

    Sign a Clean Bill of Lading and accept the Letter of Indemnity

    B

    Refuse to sign a Clean Bill of Lading

    C

    Sign the Clean Bill of Lading and have the agent countersign it

    D

    Sign a Clean Bill of lading under protest


    正确答案： D
    解析： 暂无解析

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