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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

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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

材料:When expenses are incurred the liability under this insurance shall not exceed the pr

材料:

When expenses are incurred the liability under this insurance shall not exceed the proportion of such expenses that the amount insured hereunder bears to the value of the Vessel as stated herein,or to the sound value of the Vessel at the time of the occurrence giving rise to the expenditure if the sound value exceeds that value.Where the Underwriters have admitted a claim for total loss and property insured by this insurance is saved,the foregoing provisions shall not apply unless the expenses of suing and labouring exceed the value of such property saved and then shall apply only to the amount of the expenses which is in excess of such value.

When a claim for total loss of the Vessel is admitted under this insurance and expenses have been reasonably incurred in saving or attempting to save the Vessel and other property and there are no proceeds,or the expenses exceed the proceeds,then this insurance shall bear its pro rata share of such proportion of the expenses,or of the expenses in excess of the proceeds,as the case may be,as may reasonably be regarded as having been incurred in respect of the Vessel,but if the Vessel be insured for less than its sound value at the time of the occurrence giving rise to the expenditure,the amount recoverable under this clause shall be reduced in proportion to the under-insurance.

问题:

Of the following,_______ only is correct.

A.The stated value of the vessel is always higher than its ensured value

B.The sound value of the vessel at the time of the occurrence is always higher than its ensured value

C.The sound value of the vessel at the time of the occurrence is always higher than its stated value

D.The sound value of the vessel at the time of the occurrence is always higher than its saved value

Assuming the sound value of the vessel at the time of accident is $10 millions,the insured value $9 millions,the stated value $8 millions,the expense incurred $2 millions,the liability under this insurance is likely to be _______.A.$2.0 millions

B.$1.8 millions

C.$1.6 millions

D.$1.4 millions

Under afore-said conditions,assuming the expense of suing and labouring is $3 millions,the proceeds $2 million,and the Underwriter has admitted a claim for total loss,the liability under this insurance is likely to be _______.A.$0.9 million

B.$0.8 million

C.$1.0 million

D.$2.0 millions

Under previous conditions,assuming the saved value is $1 million,the expense of suing and labouring $3 millions,and the Underwriter has admitted a claim for total loss,the liability under this insurance is likely to be _______.A.$2.0 millions

B.$1.8 millions

C.$1.6 millions

D.$1.4 millions

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第2题

材料:As with the duties of loading and stowing of the carrier under Hague Rules and nation

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

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第3题

材料:When SEA EMPRESS was two or three cables from the Channel entrance,the pilot saw from

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!

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第4题

当船舶在风浪中且有固定横倾时放艇,下列作法哪些正确?Ⅰ.横倾较小时放高舷艇 Ⅱ.横倾较大高舷艇无

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

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第5题

若保险标的发生保险责任范围内的损失是由第三方造成的,被保险人在向保险人索赔前已获得第三方的

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

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第6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

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

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第7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

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

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第8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

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

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第9题

根据ILO147号相关国际公约的规定,船东应对船员的下列哪些伤病情况负责?Ⅰ.从船员任职时起至雇用期

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

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第10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

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

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