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!
第1题
材料:
When SEA EMPRESS was two or three cables from the Channel entrance,the pilot saw from the changing aspect of the Outer Leading Lights that there was a set to the east.He ordered a course change of 5° to port.The vessel,which was now closing with the Mid Channel Rocks Light Buoy,started to turn to port.The pilot saw the Outer Leading Lights close and then open to the east as the bows entered the channel.The Buoy was very close to starboard and the pilot now saw that the fixed red and fixed white lights of the Outer Leading Lights,the ones indicating the east side of the deepest water in the Channel entrance,were also open to the east.
After the bows had passed the Middle Channel Rocks Light to starboard there was a shuddering vibration,then a sound from the deck below of liquid being forced under pressure,accompanied by a strong smell of oil.The helmsman reported that the vessel was not steering and the pilot ordered&39; full astern&39;.The Chief Officer recorded this order and the vessel&39;s position,which was 1.4 cables northwest of Middle Channel Rocks Light.
SEA EMPRESS,which was trimming by the head and taking a starboard list,continued to run ahead as the main engine was on full astern.There were further main engine movements and the vessel finally lost all way after she grounded again in a position about 3.3 cables south-by-west of the Mill Bay Buoy.The main engine was put to &39;stop&39;.SEA EMPRESS was by this time significantly trimmed by the head and had taken an 18° list to starboard with the starboard fore part of the deck awash and was heading in a northwesterly direction.
问题:
The course of SEA EMPRESS,when entering the Channel entrance,was most likely in a direction of ______.
A.North
B.East
C.South
D.West
When SEA EMPRESS was grounded the second time,her smallest freeboard was on her ______.A.port side before mid section
B.port side after mid section
C.starboard side before mid section
D.starboard side after mid section
A conclusion can be drawn from this passage that SEA EMPRESS was grounded at about ______ hours(LT).A.0200
B.0900
C.1900
D.2200
“The pilot saw the Outer Leading Lights close and then open to the east as the bows entered the channel”.This indicates that ______.A.the front Leading Light appeared to move to the left of the rear Leading Light
B.the rear Leading Light appeared to move to the right of the front Leading Light
C.the front Leading Light appeared to move to the east of the rear Leading Light
D.the rear Leading Light appeared to move to the east of the front Leading Light
请帮忙给出每个问题的正确答案和分析,谢谢!
第2题
法松放时放低舷艇 Ⅲ.放高舷艇过程中应防止艇因下滑受阻而倾覆 Ⅳ.放低舷艇时为防止艇与大船间距过大,应先解定位索后松止荡索
A.Ⅰ~Ⅳ
B.Ⅰ、Ⅱ
C.Ⅰ~Ⅲ
D.Ⅰ、Ⅱ、Ⅳ
第3题
赔偿,则:
A.被保险人无权要求保险人再赔偿
B.保险人在赔偿时可扣减被保险人已从第三方取得的赔偿
C.保险人仍需承担全部损失的赔偿责任
D.保险人应免除赔偿责任
第4题
当发生共同海损事故后,船长:
A.应立即宣布共同海损
B.应立即与船公司联系,以决定是否宣布共同海损
C.应立即与保赔协会联系,以决定是否宣布共同海损
D.应立即与货主联系,以决定是否宣布共同海损
第5题
船体前部破损进水后船长应首先密切注意:
A.货物的受损程度
B.航向的稳定性
C.机舱的工作状态
D.船舶稳性和应力
第6题
下列有关我国毗连区的叙述哪项正确?
A.毗连区的宽度为24海里
B.毗连区是领海以外并邻接领海的一带海域
C.我国可以在毗连区行使国家主权
D.A、B、C都正确
第7题
终止期间内发生的疾病和受伤 Ⅱ.船员并非在船工作时发生的受伤 Ⅲ.因船员任职期内发生的疾病或受伤导致的死亡 Ⅳ.船员签约时故意隐瞒的疾病
A.Ⅰ、Ⅲ
B.Ⅰ、Ⅳ
C.Ⅱ、Ⅳ
D.Ⅱ、Ⅲ
第8题
根据我国法律规定,涉外仲裁机构对涉外海事案件作出的裁决一般是:
A.终局裁决
B.非终局裁决
C.部分为终局裁决,部分为非终局裁决
D.无规定
第9题
投保保赔保险的船舶,当发生何种情况时,保赔协会责任自然终止?
A.船舶发生全损时
B.船舶转让时
C.船舶救助费用时
D.A+B
第10题
限制的数额的规定:
A.中国海商法、1976年公约和1957年公约的规定相同
B.中国海商法和1976年公约的规定相同
C.1976年公约和1957年公约的规定相同
D.中国海商法与1957年公约的规定相同
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