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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 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！
参考答案
更多 “ 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！ ” 相关考题
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To:Rex Roeges,Customer Service Department Iroeges@books, com〉
From：Dave Palmer〈palmer@mail2. com
Re ： Lost book
Dear Mr. Rex Roeges,
I am writing this e—mail concerning a book that I ordered through your company，The Computer Networks 4th edition,order number 20035. I placed the order last month and still have not received the book.
I visited your website and confirmed that my shipping information was correct,and that my credit card has been charged for the book； the website also indicates that the book was shipped using your “Global Carrier，，service the day after I ordered it. Considering that “Global Carrier” shipments typically take two weeks to arrive, I should have received my goods a week ago at the latest. However,my post office informed me they have neither received nor delivered the book. Can you let me know what is going on as soon as possible? Dave PalmerTo ： Dave Palmer ^palmer@mail2. com
From ： Rex Roeges Iroeges@books. com
Re；Lost book
Dear Mr. Palmer,
Thank you for contacting us. It is important to us that our customers are satisfied with our service,so I am very sorry to hear that you have not received your merchandise.
I looked up your order number and discovered that the book has not been sent out. I have rectified this mistake on our website and sent the book to you via express mail. It should arrive within two business days. With the book I have enclosed a coupon for half off your next order.
Again,I apologize for the inconvenience. If you have any more questions or need further assistance， please contact me at 602 — 385 — 0256. or e—mail me at Croeges@noble, com〉.
Sincerely，
Rex Roges, Customer Service Department Nobel Bookstore
Why did the customer send his e—mail?
A. To order new books from major publishers
B. To cancel an order of merchandise
C. To track down a missing item
D. To complain about a faulty product
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I have the information that he’ll come soon.
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问答题翻译：If the freight, contribution in general average demurrage to be paid to the carrier and other necessary charges paid by the carrier on behalf of the owner of the goods as well as other charges to be paid to the carrie have not been paid in full nor has appropriate security been given the carrier may have a lien to a reasonable extent on the goods.
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