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
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第1题
If any cargo is found not in good order,______.
A.it is usually cancelled
B.its bill of lading not signed
C.the shipper pays for it
D.a remark is made for it
第3题
What was the one thing Bill said he enjoyed? 查看材料
A.His friends" company.
B.Supporting his team.
C.Eating some food.
第4题
__________ 查看材料
A.That’s acceptable.
B.here is your bill.
C.this is a miscalculation.
D.How do you pay for the bill?
第5题
A.Report Project Hierarchy
B.Simple BOM
C.Bill of Materials
D.Report Single Pin Nets
第6题
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
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第7题
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
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第8题
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 directed
B.any port as recommended
C.any safe port which the Owners in their discretion may decide on
D.the port or ports of origin
This is a ______ .A.a clause of a contract
B.an explanation of a clause in a contract
C.requirement from a government
D.an article of an international convention
At the substituted port, the carrier is entitled to claim ______ if he had dilivered full cargo there.A.full freight
B.half freight
C.no freight
D.reasonable freight
The 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 others
B.a contract of carriage, such as Gencon
C.a contract of trade
D.a contract of sales
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第9题
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
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第10题
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
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