海船船员

材料:The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks,number,quantity and weight,as furnished by him,and the shipper shall indemnify the carrier against all loss,damages and expenses arising or

题目

材料:

The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks,number,quantity and weight,as furnished by him,and the shipper shall indemnify the carrier against all loss,damages and expenses arising or resulting from inaccuracies in such particulars.The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.

Unless notice of loss or damage and the general nature of such loss or damage be given before or at the time of the removal of the GOODs into the custody of the person entitled to delivery thereof under the contract of carriage,or,if the loss or damage be not apparent,within three days,such removal shall be prima facie evidence of the delivery by the carrier of the GOODs as described in the bill of lading.

The notice in writing need not be given if the state of the GOODs has,at the time of their receipt,been the subject of joint survey or inspection.

In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the GOODs or the date when the GOODs should have been delivered. In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the GOODs.

问题:

It can be concluded that the purpose of this clause is to protect the interest of ________.

A.ship owners

B.shippers

C.charterers

D.the merchant

The duration of the liability of the carrier or ship in respect of loss of or damage to cargo is ________.A.one year

B.three days

C.not mentioned

D.variable with the kind of cargo carried and the voyage the vessel has completed

This clause is most likely extracted from ________.A.Hague Rules

B.Marpol 73/78

C.SOLAS

D.IMDG Code

It is provided in the clause that ________.A.the shipper shall not indemnify the carrier against all loss,damages and expenses arising or resulting from inaccuracies in particulars concerning cargoes

B.the shipper shall indemnify the carrier against no loss,damage and expense arising or resulting from inaccuracies in particulars concerning cargoes

C.the shipper shall not be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks,number,quantity and weight,as furnished by him

D.the shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks,number,quantity and weight,as furnished by him

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相似问题和答案

第1题:

材料:

The carrier is entitled,at port of shipment and / or port of discharge,to verify the quantity,weight,measurement and contents of the goods as declared by the merchant.If the weight,measurement,and / or contents of such goods as stated in the bill of lading turn out to be inconsistent with that of the goods actually loaded,and the freight paid falls short of the amount which would have been due if such declaration had been correctly given,the carrier is entitled to collect from the merchant as liquidated damages to the carrier double the amount of difference between the freight for the goods actually shipped and that mis-stated.The merchant shall be liable for loss of and damage to the vessel and / or goods arising or resulting from inaccuracies in stating the description,quantity,weight,measurement or contents of the goods and shall indemnify the carrier for the costs and expenses in connection with weighing,measuring and checking such goods.

问题:

A cargo of 1000 tons was actually shipped with the freight rate of US$10 per ton, but the shipper declared that it was 800 tons and the freight paid short accordingly. The carrier is entitled to claim from the shipper as liquidated damages the sum of US$ ______.

A.2000

B.8000

C.4000

D.10000

The carrier is most likely to verify ______ of the goods.A.the weight

B.the description

C.the marks

D.the damages

The purpose of this clause is to protect the interests of ______ .A.the carrier

B.the shipper

C.the merchant

D.all the parties concerned

Damages caused by inaccuracies in stating the description,quantity,weight,measurement or contents of the goods will be responsible by ______.A.the carrier

B.the shipper

C.the owner

D.the consignee

请帮忙给出每个问题的正确答案和分析,谢谢!


问题 1 答案解析:C


问题 2 答案解析:A


问题 3 答案解析:A


问题 4 答案解析:B

第2题:

______ means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper.

A.Charterer

B.Consignee

C.Consignor

D.Carrier


正确答案:D

第3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 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


正确答案:A

第4题:

If a container which has not been filled,packed,stuffed or loaded by the Carrier is delivered by the Carrier with the seal ______,such delivery shall be deemed as full and complete performance of the Carrier's obligation.

A.Intact

B.Properly used

C.Perfect

D.Fully sized


正确答案:A

第5题:

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


正确答案:A

第6题:

Without ______ to the foregoing,every such servant,agent and subcontractor shall have the benefit of all provisions contained herein benefiting the carrier as if such provisions were expressly for their benefit; and in entering into this contract,the carrier,to the extent of those provisions does so not only on its own behalf,but also as agent and trustee for such servants,agents and sub-contractors.

A.damage

B.injury

C.break

D.prejudice


正确答案:D

第7题:

Any extra expense incurred in place of another expense which would have been allowable as general average shall ______ general average and so allowed without regard to the saving if any,to other interests,but only up to the amount of the general average expense avoided.

A.deem to be

B.deem being

C.be deemed to be

D.be deemed being


正确答案:C

第8题:

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


正确答案:D

第9题:

Where both the carrier and the actual carrier are liable for compensation,they shall ______ be liable within the scope of such liability.

A.separately

B.jointly

C.severally

D.jointly and severally


正确答案:D

第10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!


问题 1 答案解析:D


问题 2 答案解析:C


问题 3 答案解析:B


问题 4 答案解析:A

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