材料：At 1100 UTC on 28 May 2003，the container vessel P&O Nedlloyd Vespucci and the yac

材料：

The carrier who does not pack a container cannot determine the sufficiency of packing of individual cartons within the container．Thus the carrier is not estopped from proving the insufficiency of packing of the GOODs within the container stuffed and sealed by the shipper，even where the carrier has issued a clean bill of lading．

The principle of estoppel only applies to the apparent order and condition of the exterior of the container．The carrier has no duty to inspect the cargo of the shipper-packed container，unless its packaging is apparently inadequate or the shipper has given the carrier special instructions as to the special requirements of the cargo．This view places the burden of inspection and ascertainment of special stowage needs on the party most likely to know of or best equipped to discover such needs．

Both the condition of the container and the packing of the individual objects inside are important．The condition of the container supplied by a shipper may preclude recovery by cargo interests in various situations，for example，where the container&39;s insufficient ventilation causes the GOODs to spoil．

Improper packing of objects（e.g．defective“stuffing”of GOODs into a container）may also constitute a case of insufficiency of packing by the shipper．For example，antiques，furniture，porcelain and crystal had been shipped in containers．The porcelain and crystal which had been packed in cartons suffered no damage，but the furniture and antiques which had only been wrapped in paper were damaged. The carrier was not held responsible as the packing was deemed to be insufficient．

问题：

If the carrier has issued a clean bill of lading for the general cargo on board of his ship，he will be ________．

A.precluded from recovery of any loss or damage from any interests

B.prevented from making a denial that the cargo was packed in apparently GOOD order and condition

C.entitled to make any allegation that contradicts what he has previously stated that the cargo was properly packed

D.estopped from proving the sufficiency of packing of the GOODs

It is inferred that this passage prepared to protect the interests of ________．A.the shipper

B.the supplier of containers

C.the cargo interests

D.the carrier

It is implied in the passage that ________．A.the carrier will not be responsible for the damage to a cargo contained in a container supplied by the carrier

B.the carrier will in no way be responsible for the damage to a cargo contained in a container supplied by the shipper

C.the carrier will be estopped from proving the insufficiency of packing of the GOODs within the container stuffed and sealed by the shipper even he has issued a clean bill of lading

D.by the principle of estoppel，the carrier will not be held responsible even the cargoes，such as antiques，furniture，porcelain and crystal，had been shipped in one container

The insufficient ventilation of a container supplied by a shipper that causes the GOODs to spoil may preclude recovery ________．A.by the cargo interests against the carrier

B.by the carrier against the owners

C.by the shipper against cargo interests

D.by the carrier against the cargo interests

请帮忙给出每个问题的正确答案和分析，谢谢！

材料：

At around 0545 hrs the Cutter PILOT-5 approached the Vessel．The cutter&39;s skipper drew the pilot&39;s attention to the fact that the pilot ladder was hanging free in the air and did not stick to the ship&39;s side surface and he suggested to transfer the ladder more to the midship position．The answer to his suggestion was that it was not him who had to climb the ladder．At that time the vessel weighed the anchor and started her engine．

Half the propeller was emerged from the water．The pilot called the vessel and ordered to stop her engine． Because the gangway was already extended，the skipper decided to approach the vessel from the bow．

The 2nd Officer was standing at the upper platform. of the gangway while the 3rd Officer was standing at the lower platform. in order to secure the pilot．The ladder was correctly lit and the Officers had a radio contact with the bridge．At around 0600 hrs the pilot，assisted by the pilot boat engineer，stepped on the pilot ladder and started to climb up．PILOT-5 turned backwards and its crew was observing the Pilot embarkation．

When the Pilot climbed up to the lower platform. he asked for help．The 3rd Officer extended his hand to him．At that moment the pilots&39; hands slipped off the pilot ladder lines and the pilot fell from a height of 7 metres into the water．

问题：

The vessel rigged _______．

A.pilot ladder only

B.gangway only

C.pilot ladder in combination with the gangway

D.neither pilot ladder nor the gangway

The passage indicates _______．A.the vessel has deep draughts

B.the vessel has large freeboard even fully loaded

C.the vessel is in ballast

D.the vessel is fully loaded

The pilot ________．A.did not know that the pilot ladder was improperly rigged

B.knew that the pilot ladder was not rigged properly but still climbed on it

C.did not believe that the pilot ladder was not rigged properly

D.did not see the unstable movement of the vessel when he climbed on the pilot ladder

Who is to blame for the accident according to the passage ___________．A.the pilot

B.the vessel

C.the pilot boat

D.the officers onboard the vessel

请帮忙给出每个问题的正确答案和分析，谢谢！

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

请帮忙给出每个问题的正确答案和分析，谢谢！

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

请帮忙给出每个问题的正确答案和分析，谢谢！

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：

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！

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

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

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

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