单选题A clause in a bill of lading stating that the carrier would not be liable for any damage unless the shipper proved negligence or lack of due diligence on the carrier’s part（）to be void because it shifted the burden of proof from the carrier to the ship

A clause in a bill of lading stating that the carrier would not be liable for any damage unless the shipper proved negligence or lack of due diligence on the carrier's part was held to be void because ________

A.it shifted the burden of proof from the carrier to the shipper

B.it shifted the burden of proof from the shipper to the carrier

C.it denied the burden of proof

D.it did not specify the burden of proof

______ the heading combined transport bill of lading，the provisions set out and referred to in this bill of lading shall also apply where the transport as described on the face of the B/L is performed by one mode of transport only，and in such circumstances，the liability of the carrier shall be limited to the part of the transport performed by him.

A.Notwithstanding

B.Whatsoever

C.Whereabout

D.Nevertheless

Which of the following terms is used to describe the receipt issued by a carrier for items to be delivered to a third party:

A free on board

B receipt for merchandise

C packaging list

D loading list

E bill of lading

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！

The person who signs the bill of lading without the authority of the Shipowner stating that goods have been shipped，and they have in fact not been shipped at all，______ liable to an indorsee of the bill of lading，who has relied on that statement，for damages for breach of warranty of authority．

A.have

B.has

C.are

D.is

The declaration made by the shipper， if embodied in the bill of lading， is ________ evidence， but is not binding or conclusive on the carrier．

A.absolute

B.important

C.decisive

D.prima facie

A shipper who furnishes the carrier with written information concerning the cargo to be shipped has a right to insist the master or other agent of the carrier ______ a bill of lading incorporating the information so furnished．

A.issuing

B.writing

C.giving

D.making

A、receipt of freight service

B、document of title

C、evidence of payment

D、contract between carrier and shipper

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

请帮忙给出每个问题的正确答案和分析，谢谢！

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

请帮忙给出每个问题的正确答案和分析，谢谢！