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Because most，if not all，of the evidence ______ the carrier，the burden of proof soon shifts to the carrier，once the claimant has made initial proof of improper care.
A.are available for
B.is available to
C.are available to
D.is available for
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更多 “ Because most，if not all，of the evidence ______ the carrier，the burden of proof soon shifts to the carrier，once the claimant has made initial proof of improper care.A.are available forB.is available toC.are available toD.is available for ” 相关考题
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You conned using SQL Plus to the root container of a multitenant container database (CDB) with SYSDBA privilege.The CDB has several pluggable databases (PDBs) open in the read/write mode.There are ongoing transactions in both the CDB and PDBs.What happens alter issuing the SHUTDOWN TRANSACTIONAL statement?（）A. The shutdown proceeds immediately. The shutdown proceeds as soon as all transactions in the PDBs are either committed or rolledhack.B. The shutdown proceeds as soon as all transactions in the CDB are either committed or rolled back.C. The shutdown proceeds as soon as all transactions in both the CDB and PDBs are either committed or rolled back.D. The statement results in an error because there are open PDBs.
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What are the functions of bill of lading mentioned in the above mini－lecture()?
A、receipt of freight serviceB、document of titleC、evidence of paymentD、contract between carrier and shipper
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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 shipperB.it shifted the burden of proof from the shipper to the carrierC.it denied the burden of proofD.it did not specify the burden of proof
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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.absoluteB.importantC.decisiveD.prima facie
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If the Shipowner proves that prima facie the cause of damage was excepted，the burden of proof shifts to ______.A.the ShipownerB.the shipperC.the ChartererD.the carrier
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The ______ shall bear the burden of proof with respect to the loss，damage or delay in delivery resulting from the other cause．A.carrierB.shipperC.consignerD.consignee
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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 ownersB.shippersC.charterersD.the merchantThe duration of the liability of the carrier or ship in respect of loss of or damage to cargo is ________．A.one yearB.three daysC.not mentionedD.variable with the kind of cargo carried and the voyage the vessel has completedThis clause is most likely extracted from ________．A.Hague RulesB.Marpol 73/78C.SOLASD.IMDG CodeIt 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 cargoesB.the shipper shall indemnify the carrier against no loss，damage and expense arising or resulting from inaccuracies in particulars concerning cargoesC.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 himD.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请帮忙给出每个问题的正确答案和分析，谢谢！
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材料：The fact that the GOODs were damaged raises a prima facie case of negligence which can only be cleared by the carrier by showing what actually occurred. For example，a ship carried grain on MS Great Lakes to a port where it was stored aboard the ship under a special storage contract for 22 days after which it was discovered to be wet．Rough weather during the voyage was alleged but the Court insisted on strict proof of how and when the rough weather caused the wetting．Therefore，to rebut the presumption of fault when relying upon its own reasonable care，the carrier must further prove that the damage was caused by something other than its own negligence．Once the shipper establishes a prima facie case，under“the policy of the law”the carrier must“explain what took place or suffer the consequences”．The law casts upon the carrier the burden of the loss which it cannot explain or，explaining，bring within the exception case in which he is relieved from liability．问题：The best title of this passage is ______．A.The liabilities on the part of the carrier and shipperB.Loss of and damage to cargoesC.The burden of proof on the part of the shipperD.The burden of proof on the part of the carrierIt is concluded from this passage that MS Great Lakes ______．A.was liable for the wet damage if it could not prove how and when the rough weather caused the wettingB.was liable for the wet damage even it could prove how and when the rough weather caused the wettingC.was liable for the wet damage even it could not prove how and when the rough weather caused the wettingD.was not liable for the wet damage if it could not prove how and when the rough weather caused the wettingAccording to this passage，_______．A.If a carrier cannot bring the reason of the loss into the exception case in which he is relieved from liability，he is liable for the lossB.Even a carrier can bring the reason of the loss into the exception case in which he is relieved from liability，he is still held liable for the loss by the courtC.Should a carrier bring the reason of the loss into the exception case in which he is relieved from liability，he could be held liable for the loss by the courtD.Should a carrier not bring the reason of the loss into the exception case in which he is relieved from liability，he could not be held liable for the loss by the courtThe prima facie case of negligence in this passage refers to the one in which ______．A.a presumption of fault was made on the part of the carrierB.a presumption of fault was made on the part of the shipperC.a reasonable care was used by the carrierD.a reasonable care was used by the shipper请帮忙给出每个问题的正确答案和分析，谢谢！
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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 carriers part．Most more recent decisions and authors，however，uphold the view that，in general，the carrier may rebut the claimants 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 carriers 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 damageB.it is proved that the fault or neglect on his part is not the true cause of the loss or damageC.it is too onerous for him to demonstrate that the loss or damage is caused by what is beyond his controlD.if there are conjectures and speculationIn 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 partB.the loss or damage was caused by one of the excepted perilsC.the harm did not result from any negligence on his partD.there are conjectures and speculationIn 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 partB.the loss or damage was caused by one of the excepted perilsC.the harm did not result from any negligence on his partD.there are conjectures and speculationIt 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 perilsB.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 RulesC.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 RulesD.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！
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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 shippers 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 cargoB.a damage which is always aggravated by the conduct of carrierC.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 shipmentD.an outward condition of the cargoThe carrier issuing a clean bill of lading will only be bound by ________．A.any thing wrong in the natural course of eventsB.the conduct of the carrier or those for whom he is responsibleC.inherent vice or hidden defect presented within the cargoD.the apparent order and condition of the cargoOf 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 incidentB.hidden defectC.inherent viceD.inherent defectIt 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 partiesB.gives sufficient notice that this cargo has no defects which all similar cargo normally hasC.will be prevented from proving there is any natural defect in the thing shippedD.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！
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When is the most appropriate time to conduct a Pre-install Solution Assurance Review？（）A、As soon as possible after a firm orderB、Immediately after the Pre-sale reviewC、As near as possible to the scheduled ship dateD、After all the items in the site preparation are complete
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The basic functions of a bill of lading is (are)（）.A、a receipt for the goods which evidences the taking-over or loading by the carrierB、an evidence of contract of carriage between the carrier and the shipper.C、a document of title to goods.D、All of the above.
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Ocean Bill of Lading is the （）between carrier and shipperA、evidence of the contract of carriageB、DocumentC、Trading recordD、Bill
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The container ship is the （）type of dry cargo carrier.A、importantB、most modernC、most commonD、traditional
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The bill of lading serves as an evidence of the contract of carriage of goods by sea between the（）.A、carrier and consigneeB、carrier and shipperC、shipper and consigneeD、shipper and receiver
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After completion， an original copy of the air waybill is given to the（）as evidence of the acceptance of goods and as proof of contract of carriage.A、shipperB、carrierC、freight forwarderD、consignee
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（）is the most flexible mode of all the transport modes.A、AircraftB、ShipC、TrainD、Motor carrier
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Ocean Bill of loading is the （）between carrier and shipper. A、evidence of the contract of carriageB、ocumentC、trading recordD、bill
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单选题If the Shipowner proves that prima facie the cause of damage was excepted，the burden ofproof shifts to（）.A
the ShipownerB
the shipperC
the ChartererD
the carrier
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单选题Because most，if not all，of the evidence（）the carrier，the burden of proof soon shifts to the carrier，once the claimant has made initial proof of improper care.A
are available forB
is available toC
are available toD
is available for
考题
单选题You conned using SQL Plus to the root container of a multitenant container database (CDB) with SYSDBA privilege. The CDB has several pluggable databases (PDBs) open in the read/write mode. There are ongoing transactions in both the CDB and PDBs. What happens alter issuing the SHUTDOWN TRANSACTIONAL statement?（）A
The shutdown proceeds immediately. The shutdown proceeds as soon as all transactions in the PDBs are either committed or rolledhack.B
The shutdown proceeds as soon as all transactions in the CDB are either committed or rolled back.C
The shutdown proceeds as soon as all transactions in both the CDB and PDBs are either committed or rolled back.D
The statement results in an error because there are open PDBs.
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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 shipper.A
was heldB
was carried outC
was encounteredD
was detained
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问答题Do the Argentinian really believe that because eleven of their men proved the most skilful at football, their nation is in ever)r way better than all others?
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