题目
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
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第1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2题
材料:
This insurance also covers the insured vessel&39;s proportion of general average,salvage or salvage charges,but in case of general average sacrifice of the vessel,the Insured may recover fully for such loss without obtaining contributions from other parties.
General average shall be adjusted in accordance with the relative contract and governing law and practice.However,where the contract of affreightment or carriage does not so provide,the adjustment shall be made according to the Beijing Adjustment Rules or similar provisions of other rules. Where all the contributing interests are owned by the Insured,or when the insured vessel sails in ballast and there are no other contributing interests the provisions of the Beijing Adjustment Rules(excluding Article 5),or similar provisions of other rules if expressly agreed,shall apply as if the interests were owned by different persons.
The voyage for this purpose shall be deemed to continue from the port or place of departure until the arrival of the vessel at the first port or place of call thereafter other than a port or place of refuge or a port or place of call for bunkering only.If at any such intermediate port or place there is an abandonment of the adventure originally contemplated the voyage shall thereupon be deemed to be terminated.
问题:
In the event of general average sacrifice of the insured vessel,the insured ______.
A.can only recover the insured vessel’s proportion from the Insurer
B.should recover fully for such loss by obtaining contributions from the other parties
C.may recover fully for such loss from the Insurer prior to his obtaining the contributions from other parties
D.shall own all the contributing interests
General average adjustment shall be made according to the Beijing Adjustment Rules or similar provisions of other rules if _____.A.the relative contract does not provide according to which law and practice the adjustment shall be made
B.the contributing interests are owned by different persons
C.the contract of affreightment or carriage requires that some other governing law be followed
D.there is a sacrifice of the insured vessel
If the insured vessel sails in ballast and there are no other contributing interests,______.A.the general average adjustment shall be made according to the relative contract of carriage
B.all the provisions of Beijing Adjustment Rules shall be applied in case of any general average
C.no general average adjustment is needed
D.the general average shall be adjusted as if there were different contributing interests according to the provisions of Beijing Adjustment Rules
The word“contemplated”in the last paragraph of this passage means _____.A.“looked at”
B.“intended”
C.“contended”
D.“meditated”
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第3题
材料:
By inserting in bills of lading such clauses as to state that the voyage or time charterer is not a party to the contract of carriage and is thus not a“carrier” within the meaning of the relevant national legislation or international conventions,time and voyage charterers purport to deny any liability under the contract of carriage,despite the reality of their involvement in the loading,discharging and trimming of the cargo,in choosing the ship&39;s route,in hiring the stevedores,and in many other facets of the ship&39;s operation.
Such clauses are effectively non-responsibility clauses which contravene the mandatory nature and public order of the Hague/Visby Rules,the Hamburg Rules,which state that any clauses relieving or excluding the carrier from liability under a contract of carriage shall be null and void and of no effect.This position has been generally accepted by the courts of continental and civilian European countries,which have rightly viewed such clauses with suspicion as illegal attempts by charterers to avoid their liability and evade the mandatory application of the international conventions.
问题:
The inserted clauses that state the voyage or time charterer is not a party to the contract of carriage are ________.
A.effective
B.within the meaning of Hague/Visby Rules and the Hamburg Rules
C.null and void and of no effect
D.compulsory
According to the passage,the clauses mentioned above are ________.A.against the mandatory nature and public order of the Hague/Visby Rules and the Hamburg Rules
B.ineffectively non-responsibility clauses
C.prepared by the courts of continental and civilian European countries
D.guidance for the operations of loading,discharging and trimming of the cargo
“This position”refers to ________.A.the tendency of the courts of continental and civilian European countries to deny the attempts by charterers to avoid their liability in the carriage of GOODs by sea
B.the consideration of the courts of continental and civilian European countries to accept the charterers' liability
C.the consideration of of the charterers to evade the mandatory application of the international conventions
D.the illegal attempts by charterers to avoid their liability and evade the mandatory application of the international conventions
The effectively non-responsibility clauses ________.A.are suspected to be illegal
B.are mandatory application of the international conventions
C.have many facets of the ship's operation
D.have been excluded in continental and civilian European countries
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第4题
Sensitive to color
Can assess heading
Can identify small targets
Can see light configurations
Can assess ship types
Can identify conspicuous marks
Can identify flashing lights Has better discrimination
Can see changing weather patterns
Can see effect of sea on vessel
Not affected by blind arcs (if observer moves).
问题: BLIND ARCS mean ______ .
A.the arcs from which one can not see certain objects
B.the arcs which are blind
C.the black arcs
D.the arcs from which one can see certain objects
This paragraph is a ______ .A.a clause of a contract
B.an explanation of advantage of eyes over radar
C.a requirement from a government
D.an article of Colreg
DISCRIMINATION means the ______ .A.provision
B.dimension
C.distinction
D.permission
The eye is more ______ than radar.A.distinguishable
B.reasonable
C.controllable
D.reliable
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第6题
A.unilateral contract
B.bilateral contract
C.executed contract
D.executory contract
第7题
A.no company stamp on the contract
B.the contract is not valid
C.her boss is absent-minded
第8题
A.business/invoice/contract
B.foreign trade/contract/invoice
C.business/LC/contract
D.foreign trade/invoice/contract
第9题
A.exclusive principal contract
B.exclusive agency contract
C.ratified contract
D.apparent agency contract
第10题
By writing out a contract and having both parties sign the contract you are () both parties involvled.
A: protecting
B: avoiding
C: offending
D: harming
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