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材料:Some older decisions have held that the carrier,in order to rebut the presumption of

材料:

Some older decisions have held that the carrier,in order to rebut the presumption of liability resulting from the arrival in damaged condition of GOODs shipped undamaged,must prove not only that the loss or damage was caused by one of the excepted perils,but also that the harm did not result from any negligence on the carrier&39;s part.

Most more recent decisions and authors,however,uphold the view that,in general,the carrier may rebut the claimant&39;s prima facie case simply by proving that the loss was caused by an excepted peril.At that point,the onus switches to the cargo claimant to prove that the true cause of the loss was the carrier&39;s negligence.

Nevertheless certain Hague and Hague/Visby Rules exceptions,expressly or implicitly,also require the carrier to negative its own negligence in proving the exception itself.For example,a clause in the said rules expressly imposes on the carrier the burden of proving that the loss or damage occurred without its actual fault or privity and without any fault or neglect on the part of its servants or agents.

The carrier,however,must truly prove the existence of one or more of the exceptions and their causative role in respect of the loss or damage.Conjectures and speculation do not take the place of hard evidence.A court has held:“Mere speculation will not overcome the prima facie evidence of a clean bill of lading”.

问题:

The carrier will be held liable for the loss or damage if _______.

A.it is proved that he has privity to the loss or damage

B.it is proved that the fault or neglect on his part is not the true cause of the loss or damage

C.it is too onerous for him to demonstrate that the loss or damage is caused by what is beyond his control

D.if there are conjectures and speculation

In accordance with old decisions,the carrier will not be excused unless he has proved that _______.A.not only the loss or damage was caused by one of the excepted perils,but also that the harm did not result from any negligence on the his part

B.the loss or damage was caused by one of the excepted perils

C.the harm did not result from any negligence on his part

D.there are conjectures and speculation

In accordance with most more recent decisions and authors,the carrier will not be excused unless he has proved that _______.A.not only the loss or damage was caused by one of the excepted perils,but also that the harm did not result from any negligence on the his part

B.the loss or damage was caused by one of the excepted perils

C.the harm did not result from any negligence on his part

D.there are conjectures and speculation

It is concluded that _______.A.The carrier is not in a position to prove the loss or damage is substantially caused by one or more of the excepted perils

B.It can not be decided that whether the carrier has to prove the loss or damage is substantially caused by one or more of the excepted perils because there are some differences between the decisions and authors and requirements of Hague and Hague/Visby Rules

C.The carrier does not have to prove the loss or damage is substantially caused by one or more of the excepted perils due to the fact that there are some differences between the decisions and authors and requirements of Hague and Hague/Visby Rules

D.The carrier must truly prove the loss or damage is substantially caused by one or more of the excepted perils even there are some differences between the decisions and authors and requirements of Hague and Hague/Visby Rules

请帮忙给出每个问题的正确答案和分析,谢谢!

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更多“材料:Some older decisions have held that the carrier,in order to rebut the presumption of”相关的问题

第1题

Some of the older villagers prefer___tobacco rather than to smoke it.

A.to chew

B.chewing

C.chewed

D.chew

点击查看答案

第2题

Does brain power ______as we get older? Scientists now have some surprising answers.A.desc

Does brain power ______as we get older? Scientists now have some surprising answers.

A.descend

B.decline

C.deduce

D.collapse

点击查看答案

第3题

Some older people prefer ______() introduction.

点击查看答案

第4题

阅读材料,回答题。A lawyer friend of mine has devoted herself to the service of humanity. He

阅读材料,回答题。

A lawyer friend of mine has devoted herself to the service of humanity. Her special area is called "public interest law".

Many other lawyers represent only clients who can pay high fees. All lawyers have had expensive and highly specialized training, and they work long, difficult hours for the money they earn. But what happens to people who need legal help and cannot afford to pay these lawyers’ fees?

Public interest lawyers fill this need. Lisa, like older public interest lawyers, earns a salary much below what some lawyers can earn. Because she is willing to take less money, her clients need the help, even if they can pay nothing at all.

Some clients need legal help because stores have cheated them with faulty merchandise. Others are in unsafe apartments, or are threatened with eviction (驱逐,赶出) and have no place to go to. Their cases are called "civil" cases. Still others are accused of criminal acts, and seeking those public interest lawyers who handle "criminal" cases. These. are just a few of the many situations in which men and women who are public interest lawyers serve to extend justice throughout our society.

A person who needs and uses legal help is called a ________ 查看材料

A.lawyer

B.client

C.tenant

D.case worker

点击查看答案

第5题

For some time, businessmen in America have used Ms before a woman's name when the
y do not know if the woman is married or not.

Today, however, many America women like to use Ms better than Mrs. and Miss. The word Mr. does not tell us if a man is married or not. Many women think this is an advantage for men. They want to be equal to men in this way. These women feel that it is not important for people to know if they are married or not.

There are some problems with Ms, however. Not all women like to use Ms. Some like the older ways of doing things. Some find it difficult to pronounce. But young women usually like it better than older ones do. Perhaps Ms will be used by more American women before long.

1)、The word Ms is used before the name of married or unmarried women.

A.T

B.F

2)、Many women in America like to use Ms because they don't want people to know that they are not married.

A.T

B.F

3)、The words Mrs. and Miss are different from Ms in that they can tell people if a woman is married or not.

A.T

B.F

4)、Men don't want to tell people that they are married.

A.T

B.F

5)、In the last paragraph, "Some like the older ways of doing things." "Older ways of doing things" in this sentence most probably means using Mrs. or Miss.

A.T

B.F

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第6题

Which of the following is NOT true according to Paragraphs 4-5?

[A] Children who like to read are usually influenced by parents.

[B] The family atmosphere is crucial to children’s reading behavior.

[C] No obvious evidence proves reading aloud at older ages can strengthen reading comprehension.

[D] Some literacy experts believe there is no significance to read aloud for older children.

求给出正确答案及解,谢谢!

点击查看答案

第7题

Questionsare based on the following passage.In London, over half of the homes built betwee

Questionsare based on the following passage.

In London, over half of the homes built between 1919 and 1980 had one garage.But many arebecoming needless.Between 2002 and 2012 the proportion of vehicles kept in garages at night droppedfrom 22% to 14%.This is in part because some households now have more cars than garage space.Butit is also because big modern cars do not fit in older garages, says David Leibling, a transport expert.

Few rust when left outside, and many are more difficult to steal: between 2003 and 2013 the number ofvehicle being stolen in England and Wales fell 76%.Instead, garages now solve a different set ofproblems.

Householders unable to move to larger homes have taken to filling their garages with unnecessaryand unwanted things.Some garages have been converted for aging parents for their convenience, says Paul Bishop, who runs a garage conversion company in Bedfordshire.Also, some young people unableor unwilling to leave home may have an option to live in the garage.In addition, a garage may be rentedto young folks fond of music.It is, more often than not, an ideal place to freely play music.

However, many publicly owned garages lie empty.Of the 6,000 garages owned by Hackney

council, around 40% are free.Over 3,000 garages owned by ten housing associations are unused and the land they take up is unfit for building homes upon, says Steve O"Connell, a councilor at the London Assembly.He thinks they could be turned into small offices.That has already happened in places such as Berlin.

Nevertheless converting garages can be troublesome, says Bill Hodgson of University College London.Few councils are enthusiastic enough to truly support the idea and put it into practice.A recent proposal to turn some garages in north London into shelters for the homeless has been rejected; councillors feared that local residents would not approve.Getting planning permission can be complex,

and developing on local authority land is often faced with various kinds of problems.Like the garages themselves, these plans may be useless and abandoned.

In the viewpoint of David Leibling, many garages are unused for velficles in that__________. 查看材料

A.the number of vehicles in the garages being stolen decreases by 76%

B.big modern vehicles are covered with rust when placed in the garages

C.big modem vehicles do not suit older garages

D.some families have more garages than vehicles

点击查看答案

第8题

It is the ________ rather than the logic that made her say so.A responsivenessB decisi

It is the ________ rather than the logic that made her say so.

A responsiveness

B decisiveness

C innovativeness

D impulsiveness

点击查看答案

第9题

We may learn from Paragraph 4 that department stores were advised ________.[A] fo

We may learn from Paragraph 4 that department stores were advised ________.

[A] focuses on infant wear and older kids' clothes

[B] attach equal importance to different genders

[C] classify consumers into smaller groups

[D] create some common shoppers' terms

点击查看答案

第10题

Almost everyone knows the meanings of Mr, Mrs and Miss. Mr is used before the names of
men. Mrs is used for married women and Miss is for unmarried woman. But ___21___ is Ms?

For some time, businessmen in the United States have used Ms before a woman's name when they do not know whether the woman is married or not. Today, however, many women like Ms better than Mrs or Miss.

The word “___22___” does not tell us whether or not a man is married. So the women want to be equal to men in this way. These women feel that it is not important for people to know whether they are married or not.

There are some problems with Ms. Not all the women like it. Some like the older ways of doing things. Some find ___23___ difficult to read. Ms ___24___[miz]. Young women like it better than older women ___25___. It is difficult to know whether most American women will use Ms in the future. What do you think of it?

21)、

A.Mr

B.it

C.sounds like

D.do

E.what

22)、

A.Mr

B.it

C.sounds like

D.do

E.what

23)、

A.Mr

B.it

C.sounds like

D.do

E.what

24)、

A.Mr

B.it

C.sounds like

D.do

E.what

25)、

A.Mr

B.it

C.sounds like

D.do

E.what

点击查看答案
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