Where there has been unjustifiable deviation, the Shipowner can not claim the contractual rate of freight payable under the charter-party, but may ________ to a reasonable sum if the goods are carried to their destination safely.
A.entitle
B.be entitled
C.be entitling
D.entitles
第1题:
The Shipowner cannot claim contribution from ______ if,after general average expenditure has been incurred,the ship and cargo are lost before the conclusion of the voyage.
A.the Charterers
B.the carriers
C.the cargo owners
D.the persons of the property damaged
第2题:
Where a vessel is redelivered to the Shipowner and is not in the same good order as when delivered due to the Charterer's fault,and repairs to her have to be effected in order to restore her to that condition,the Shipowner can ______ the cost of repairs and any loss of profit whilst she is being repaired.
A.want
B.send
C.deliver
D.claim
第3题:
Where a period is fixed during which freight is to be paid,the Shipowner must ______ to deliver the goods throughout the whole of that period if he wishes to claim payment.
A.be had
B.be made
C.be prepared
D.be delivered
第4题:
If the compass heading and magnetic-heading are the same then ______.
A.the deviation has been offset by the variation
B.there is something wrong with the compass
C.the compass is being influenced by nearby metals
D.there is no deviation on that heading
第5题:
第6题:
realized
practiced
maintained
exercised
第7题:
occurs
incurs
discus
recurs
第8题:
her
their
its
his
第9题:
deviation
no deviation
navigation
no navigation
第10题:
the deviation has been offset by the variation
there is something wrong with the compass
the compass is being influenced by nearby metals
there is no deviation on that heading
第11题:
informed
performed
deformed
reformed
第12题:
be had
be made
be prepared
be delivered
第13题:
The claim for dead freight being a claim for damages for breach of contract,the Shipowner is under a duty,where the Charterer fails to load a full and complete cargo,______ the damage by obtaining other cargo,provided he acts reasonably in so doing.
A.to minimize
B.minimizing
C.minimized
D.have minimized
第14题:
As in the case of a voyage charter-party,it is implied in all bills of lading that ______ will be made from the contractual route unless such deviation is justified.
A.deviation
B.no deviation
C.navigation
D.no navigation
第15题:
材料:
Intention can be inferred in many ways by the courts.Thus the discharge at Cadiz instead of Bombay“for nefarious reasons”was an unreasonable deviation.A transshipment was declared to be an unreasonable deviation “since no excuse has been proffered for the deviation.” A geographic deviation abrogated the contract because“there can be no suggestion that the deviation was other than voluntary.”
On the other hand,where the court was unable to find that a defendant&39;s action constituted“a voluntary deviation without reasonable cause,” the defendant was exculpated of liability.The vast majority of decisions require that intention be proved in cases of deviation and quasi-deviation.The carrier has the burden of proving that it had no intention to deviate or that the deviation was not for the carrier&39;s sole benefit.
Accordingly,a geographic deviation due to an erroneous change of course by the master is not a deviation,but an error in navigation;in such a case,the carrier is protected under the Rules.If,however,the master is ordered to alter the customary or planned route,or deliberately takes it upon himself to do so,for a reason other than to save persons or cargo(or some similar reason),then the course alteration is an unreasonable deviation,because it is intentional and for the carrier&39;s own benefit.
nefarious,邪恶的,穷凶极恶的
proffer,提出
abrogate,使作废
问题:
If the carrier has proved that he had no intention to deviate or that the deviation was not for his sole benefit ________.
A.he will be exculpated of liability
B.he is to investigate the case further
C.he will not be exculpated of liability
D.he has to contact with the shipper to see if he himself is free of any liability
A geographic deviation due to an erroneous change of course by the master ________.A.is not a reasonable deviation
B.is not an error in navigation
C.is a reasonable deviation
D.can not be determined if it constitutes a reasonable deviation
Where the court is unable to find that a defendant's action constituted “a voluntary deviation without reasonable cause,”________.A.the defendant will not be responsible for the loss and damage
B.the defendant will be responsible for the loss and damage
C.if the defendant be responsible for the loss and damage can not be determined
D.the court should not make any decision
An unreasonable deviation must be committed by the master ________.A.intentionally
B.for the carrier's own benefit
C.intentionally and for the carrier's own benefit
D.reasonably
请帮忙给出每个问题的正确答案和分析,谢谢!
第16题:
第17题:
by
on
to
in
第18题:
the Charterers
the carriers
the cargo owners
the persons of the property damaged
第19题:
either
the master
the Shipowner
neither
第20题:
made
taken
gotten
given
第21题:
avoid
avail
amend
awake
第22题:
where
there
which
that
第23题:
the ship has been named
the ship has been built
the ship has been signed
the ship has been registered