200 Which of the following terms is used to describe the receipt issued by a carrier for items to be delivered to a third party:A. free on boardB. receipt for merchandiseC. packaging listD. loading listE. bill of lading

听力原文：W: Why is the bill of lading so important?

M: Because it shows the terms of the contract of carriage, gives evidence of the shipment of goods, and makes sure that the holder of it has the property in the goods.

Q: Which is one of the functions of a bill of lading but not mentioned in the conversation?

(18)

A．The receipt of the goods given by the ship master.

B．The evidence of the terms of the contract of carriage.

C．The evidence of the shipment of goods.

D．The evidence that the holder of it has the property in the goods.

______ is not the function of Bill of Lading in the eyes of law．

A.Evidence of the contract

B.A receipt for the goods

C.A document of title

D.Evidence of the ship being seaworthiness

A vessel has completed loading cargo in the port of San Francisco. What document is signed by the Master stating the terms that goods were delivered by the shipper and were received by the ship? ______.

A.Bill of Goods

B.Bill of Lading

C.Cargo Manifest

D.Cargo Receipt

The bill of lading cannot vary or add to the terms of the charter-party unless it ______ an express provision to that effect．

A.obtains

B.detains

C.contains

D.remains

The original Bill of Lading，once signed by the Master，is NOT ______.

A.a receipt and proof that goods have been received on board

B.surrendered to the customs agency of the country where the cargo is discharged

C.used to transfer ownership of the cargo while the ship is enroute

D.proof of title or ownership of the cargo

Where goods are shipped under a bill of lading and the Charterer of the vessel is named as consignee，the Charterer，if he indorses the bill of lading to a third party，has no claim for substantial damages against the shipowners in respect of the loss of the goods for he has no ______ interest in them．

A.prospective

B.preliminary

C.proprietory

D.temporary

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！

A、receipt of freight service

B、document of title

C、evidence of payment

D、contract between carrier and shipper

______ the Charterer is also the shipper，the bill of lading is usually only a receipt for the goods and a document of title．

A.Which

B.There

C.Where

D.While

According to bill of lading，the weight，measure，marks，numbers，quality，contents and value，being particulars furnished by ______，are not checked by the carrier on loading．

A.the Shipowner

B.the Charterer

C.the receiver

D.the shipper

A bill of lading could be which of the following？ ______. ① A contract ② A receipt ③ A negotiable instrument．

A.I and ③ only

B.② and ③ only

C.② and ③ only

D.①，② and ③

If the goods are not delivered，or delivered in a damaged condition，a claim may be ______ within a period of certain years unless there is a clause to the contrary in the charter-party or bill of lading．

A.taken

B.gone

C.gotten

D.made

材料：

The endorsement of a nonnegotiable bill does not make the bill negotiable or give the transferee any additional right．A person to whom a nonnegotiable bill has been transferred by delivery and agreement to transfer title to the bill or to the GOODs which it represents acquires the title to the GOODs as against the transferor．The transferee may also notify the carrier of the transfer to him，and the carrier is then obligated directly to the transferee for any obligations the carrier owed to the transferor immediately before the notification．

More specifically，the carrier is liable to the owner of GOODs transported under a nonnegotiable bill，subject to the right of stoppage in transit．Besides having to be the owner of the GOODs covered by the nonnegotiable bill，the claimant in such a case must have actually relied in GOOD faith on statements made by the carrier on the bill．The carrier is liable for having stated on the bill that he received GOODs when in fact he had not，and for having delivered the GOODs in a quantity，kind，weight or condition other than as stated on the bill．

In general，the carrier must deliver the GOODs on demand of the consignee named in a nonnegotiable bill of lading．However，on the endorsement of a nonnegotiable bill，the GOODs may be delivered to a party entitled to their possession．The carrier is liable toward the person having title to，or a right to possession of，the GOODs for delivering them to a party not entitled to their possession．

问题：

The endorsement of a nonnegotiable bill transfers ________．

A.the title to the GOODs from the transferor to the transferee

B.the title to the GOODs from the transferee to the transferor

C.in no way the title to the GOODs from the transferor to the transferee

D.the GOODs to the party entitled to their possession

The transferee of a nonnegotiable bill acquires the title to the GOODs ________．A.by taking delivery of the bill and entering into an agreement to transfer title to the bill or to the GOODs

B.by having the carrier actually delivered the GOODs to him

C.by having the transferor endorsed the nonnegotiable bill

D.in no way

If the GOODs were thus transferred，and the carrier delivered the GOODs in a quantity，kind，weight or condition other than as stated on the bill，________．A.he is liable

B.he is not liable

C.it can not be determined whether he is liable or not

D.whether he is liable or not is to be determined by the law of the ship’s flag

In the event of a nonnegotiable bill has been actually transferred，if the carrier stated on the bill that he received GOODs when in fact he had not，________ is liable．A.he

B.the transferor

C.the transferee

D.the person having title to，or a right to possession of，the GOODs

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！