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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 Shipowner
B.the shipper
C.the Charterer
D.the carrier
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更多 “ 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 ” 相关考题
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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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If the Shipowner can only show that some part of the damage to the goods was due to a cause within the exception， he must also show how much of the damage is comprised in that part， otherwise he is liable ________ ．A.for the partB.for the wholeC.for the parts of damage not due to causes within the exceptionD.for the parts of damage due to causes within the exception
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As freight is prima facie payable on delivery of the goods， the burden of making out a case for advance freight is on ________．A.the shipperB.consigneeC.the shipownerD.consigner
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The prima facie rule that the law of the flag governs contracts of carriage by sea ______ the paramount rule of the intention of the parties，which may be express，or implied from the circumstances of the sea．A.subject toB.subjects toC.subjectsD.is subject to
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If it is clear that the damage must have arisen either from bad stowage or from perils of the sea，and are excepted，in order to escape liability the Shipowner must show that the damage arose from the latter．“the latter”refers to ______A.the ShipownerB.bad stowageC.perils of the seaD.the shipper
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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 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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单选题Although the Shipowner may be responsible for the loss or damage to the goods，his liability may be limited（）the terms of the contract or the statute.A
withB
onC
forD
by
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单选题Heat energy is a source of power, but （） will cause damage to the engine.A
excessive heatB
insufficient heatC
effective coolingD
high output
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单选题The Shipowner cannot rely on the excepted perils if he has not（）due diligence to make the ship seaworthy and its nonfulfilment causes the damage，nor can he do so if the vessel makes an unreasonable deviation.A
realizedB
practicedC
maintainedD
exercised
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单选题A seaman assaults the Second Mate and injures him with a beer bottle while the ship is at sea. The incident is logged in the Official Logbook. In subsequent suspension and revocation proceedings against the seaman，according to the regulations，（）.A
the Second Mate and the Master must testify as to the facts of the assaultB
the case will be dismissed if the logbook entries are improperly madeC
the logbook entry is prima facie evidence of the facts if it complies with the lawD
the logbook is inadmissible if the logbook entries do not conform to the law
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单选题What would be prima facie evidence of unseaworthiness? （）A
OverloadingB
OverstowageC
OverbookingD
Overcarriage
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单选题The bill of lading is prima facie evidence（）the quantity of goods alleged to have been shipped has been shipped in fact.A
thatB
whichC
whereD
while
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单选题Advance freight must（）to the Shipowner even if the goods are lost (by excepted perils) before payment，where they are lost after the due date of payment; nor is it recoverable if the goods are so lost after payment．A
payB
be payingC
have paidD
be paid
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单选题Although the Shipowner may be responsible for the loss or damage to the goods，his liability may be limited by the terms of（）.A
STCWB
IMDGC
SOLASD
The contract or the statute
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单选题If the Shipowner relies on an excepted peril，he must（）that the loss or damage was caused thereby.A
proveB
approveC
disproveD
improve
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单选题The Shipowner is not（）by the fact that a remote cause of the loss was an excepted peril.A
excusedB
exceptedC
excludedD
exported
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单选题The buttocks are ______ most other parts in the body.A
likely less to cause fatal damage thanB
likely less causing fatal damage toC
less likely to cause fatal damage thanD
less likely to cause fatal damage to
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单选题The carrier is liable for loss of or damage to the goods or delay in delivery caused by fire，（）the claimant proves that the fire arose from fault or neglect on the part of the carrier，his servants or agents.A
shouldB
shallC
thatD
if
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单选题The prima facie rule that the law of the flag governs contracts of carriage by sea（）the paramount rule of the intention of the parties，which may be express，or implied from the circumstances of the sea.A
subject toB
subjects toC
subjectsD
is subject to
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单选题As freight is prima facie payable on delivery of the goods，the burden of making out a case for advance freight（）on the Shipowner.A
hasB
haveC
isD
are
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单选题If the ship is disabled by excepted perils while completing a voyage on which she was（）at the time of chartering，the Shipowner will not be excused.A
doneB
madeC
engagedD
taken
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单选题If it is clear that the damage must have arisen either from bad stowage or from perils of the sea，and are excepted，in order to escape liability the Shipowner must show that the damage arose from the latter．“the latter”refers to（）A
the ShipownerB
bad stowageC
perils of the seaD
the shipper
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