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 bil

A、receipt of freight service

B、document of title

C、evidence of payment

D、contract between carrier and shipper

________ means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier， or any person by whom or in whose name or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage of goods by sea.

A.Shipper

B.Charterer

C.Shipowner

D.Carrier

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

Possession of a bill of lading enables the holder ______ obtain delivery of the goods at the port of destination．

A.to

B.by

C.on

D.in

The bill of lading is prima facie evidence ______ the quantity of goods alleged to have been shipped has been shipped in fact．

A.that

B.which

C.where

D.while

______ include goods，wares，merchandise，and articles of every kind whatsoever except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried．

A.Goods

B.Things

C.Items

D.Articles

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！

________ means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier， and by which the carrier undertakes to deliver the goods against surround of the document．

A.Bill of lading

B.Bill of exchange

C.Mate's receipt

D.Manifest

A transfer of a bill of lading with the intention of passing the property in the goods ______ the rights and liabilities under the contract of carriage．

A.transferred

B.did not transfer

C.recovered

D.did not recovered

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

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

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：

Failing to identify pre-shipment damage and neglecting to make appropriate notations on bills of lading will deprive the carrier of his rights，limitations and immunities under the contract of carriage and may prejudice Club cover．Assertions are sometimes made by cargo interests that rust on a particular shipment is normal and will not affect its market value．

Such comments should be disregarded.In all cases where a steel cargo is found to be rusty，it is imperative that remarks are made on the bills of lading，irrespective of the apparent severity of the rust．The bills of lading should also be claused to reflect any physical pre-shipment damage to the steel and/or wrappers（bends，tears，crimps，dents，deformation，crushing）．

Selecting the most appropriate clauses to describe pre-shipment damage is not always easy，and the attending surveyor should be consulted for advice． Where possible，the clausing should list the identification marks of the damaged GOODs，failing which the number of coils or packages should be quantified.Percentage estimates regarding the number of damaged pieces should not be given．If it is not possible to identify the damaged GOODs specifically，the words“some”or“several”may be acceptable．Any differences found between the ship and shore tally or ship and bill of lading figures must be noted on the bill of lading in the usual manner．

问题：

The clausing on B/L is to reflect and make notation of ________ the cargoes and/or their wrappers．

A.all damages incurred during the carriage by sea to

B.all possible damages to and/or losses of

C.physical pre-shipment damages to

D.pre-shipment damages to

The proper topic of this paragraph is ________．A.The Principles for Clausing on Bills of Lading

B.Losses of and Damages to Steel Cargoes

C.Legal Actions to Be Taken When Losses of and Damages to Cargoes Incurred

D.The Functions of Clauses Made on Bills of Lading

The pre-shipment rusts for which there are assertions made by cargo interests that they are normal and would not affect the cargo's market value shall ________．A.be claused on the Bill of Lading

B.not be claused on the Bill of Lading

C.be disregarded

D.not be disregarded

This paragraph is most likely compiled to protect the interests of ________．A.the carriers

B.the shippers

C.the merchants

D.the cargo owners

请帮忙给出每个问题的正确答案和分析，谢谢！

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！