题目
he time of shipment can be later than that stipulated in the credit.()
第1题
第2题
第4题
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!
第5题
A.the named of shipment
B.the named port of destination
C.time of shipment
D.expiry date
第6题
A.delivery date
B.date of shipment
C.ETD (estimated time of departure)
D.ETA (estimated time of arrival)
第7题
第8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
请帮忙给出每个问题的正确答案和分析,谢谢!
第9题
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