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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！
参考答案
更多 “ 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 carriers 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 courtsB.acceptable in courtsC.a non-delegable clause in the bill of ladingD.incorporated in the bill of lading to avoid superior bargaining by the carrier against the receiverThe prevalent view is that ______．A.the carrier may validly delegate its responsibility for discharging the cargo to another partyB.whether the carrier may validly delegate its responsibility for discharging the cargo to another party is still in disputeC.it is not necessary to consider whether the carrier may validly delegate its responsibility for discharging the cargo to another partyD.the carrier may mot validly delegate its responsibility for discharging the cargo to another partyIt can be inferred that the author ______ the opinion that the carrier may validly delegate its responsibility for discharging the cargo to another party．A.supportsB.does not supportC.has not indicated whether he supports or notD.has no interest in discussingIn 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 consigneeB.has nothing to do with the responsibility of the carrierC.relieves or lessens the carrier's obligations otherwise than as permitted by the ActD.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！ ” 相关考题
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Which of the following terms is used to describe the receipt issued by a carrier for items to be delivered to a third party:A free on boardB receipt for merchandiseC packaging listD loading listE bill of lading
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The port State control officer may ensure that ______ are exhibited in conspicuous places throughout the ship．A.survey planning documentB.muster listsC.bulk carrier bookletD.bulk carrier loading triangle
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Under every contract of carriage of goods by sea the carrier，in relation to the loading，handling，stowage，carriage，custody，care and discharge of such goods，shall be ______ the responsibilities and liabilities，and entitled to the rights and immunities hereinafter set forth．A.Subject toB.Inject toC.Object toD.Project to
考题
材料：The contract of carriage of GOODs by sea is usually concluded as between the shipper and the carrier，either directly or through their respective agents．Consequently，by virtue of the historic principle of privity of contract，only the shipper and the carrier have the right to take action against one another under the contract of carriage．The only clear exception to the rule was where the party having the right to sue assigned that right under a separate agreement to another party．On the other hand，when GOODs are sold（as they typically are）prior to shipment，the terms of sale generally result in the risk in the GOODs passing from the seller（the shipper）to the buyer（the consignee or endorsee，in the case of a bill of lading，or the party entitled to take delivery under a waybill）when the GOODs cross the ships rail in the port of loading．Therefore，although the law recognizes that the shipper alone has the right to sue the carrier in contract for subsequent cargo loss or damage occurring while the carrier had charge of the shipment，the shipper is not usually the party who actually suffers that loss．Frequently，also，depending on the terms of sale，the shipper will no longer be the owner of the GOODs at the time when the loss or damage occurs，and so will be unable to sue the carrier in tort．问题：The contract of carriage of GOODs by sea is usually concluded as between ________．A.the seller and the buyerB.the shipper and the consignee or endorseeC.the carrier and the consignee or endorseeD.the shipper and the carrierIt is concluded ________ that only the shipper and the carrier have the right to take action against one another under the contract of carriage．A.by maritime lawsB.by a mainstay of the common law in particularC.by virtue of the historic principle of privity of contractD.by shipping practiceWhen GOODs are sold prior to shipment the risk in the GOODs passes ________．A.from the shipper to the carrierB.from the seller to the buyerC.from the carrier to the shipperD.from the buyer to the sellerWhen GOODs are sold prior to shipment the shipper ________．A.is not usually the party who actually suffers the subsequent lossB.is usually the party who actually suffers the subsequent lossC.will still be the owner of the GOODs at the time when the loss or damage occursD.will be responsible for the loss of or damage to the cargo he shipped请帮忙给出每个问题的正确答案和分析，谢谢！
考题
材料：By inserting in bills of lading such clauses as to state that the voyage or time charterer is not a party to the contract of carriage and is thus not a“carrier” within the meaning of the relevant national legislation or international conventions，time and voyage charterers purport to deny any liability under the contract of carriage，despite the reality of their involvement in the loading，discharging and trimming of the cargo，in choosing the ships route，in hiring the stevedores，and in many other facets of the ships operation．Such clauses are effectively non-responsibility clauses which contravene the mandatory nature and public order of the Hague/Visby Rules，the Hamburg Rules，which state that any clauses relieving or excluding the carrier from liability under a contract of carriage shall be null and void and of no effect．This position has been generally accepted by the courts of continental and civilian European countries，which have rightly viewed such clauses with suspicion as illegal attempts by charterers to avoid their liability and evade the mandatory application of the international conventions．问题：The inserted clauses that state the voyage or time charterer is not a party to the contract of carriage are ________．A.effectiveB.within the meaning of Hague/Visby Rules and the Hamburg RulesC.null and void and of no effectD.compulsoryAccording to the passage，the clauses mentioned above are ________．A.against the mandatory nature and public order of the Hague/Visby Rules and the Hamburg RulesB.ineffectively non-responsibility clausesC.prepared by the courts of continental and civilian European countriesD.guidance for the operations of loading，discharging and trimming of the cargo“This position”refers to ________．A.the tendency of the courts of continental and civilian European countries to deny the attempts by charterers to avoid their liability in the carriage of GOODs by seaB.the consideration of the courts of continental and civilian European countries to accept the charterers' liabilityC.the consideration of of the charterers to evade the mandatory application of the international conventionsD.the illegal attempts by charterers to avoid their liability and evade the mandatory application of the international conventionsThe effectively non-responsibility clauses ________．A.are suspected to be illegalB.are mandatory application of the international conventionsC.have many facets of the ship's operationD.have been excluded in continental and civilian European countries请帮忙给出每个问题的正确答案和分析，谢谢！
考题
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！
考题
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！
考题
材料：In a bill of lading there might be a clause known as general liberty to carry on deck clause which reads“Carrier has liberty to carry GOODs on deck”．This clause frequently gives the carrier the option of stowing the cargo either on or under deck，while also exempting the carrier from all liability for loss of or damage to cargo stowed on deck．A clause of this type is an option，not a statement．The problem arises when the bill of lading contains this clause，but the face of the bill of lading does not state that the cargo was loaded on deck．Under such circumstances，it would appear that deck carriage is unjustifiable for at least two reasons：a）The general liberty to carry on deck clause is merely an option to carry on deck，a choice which the carrier ordinarily does not make．If the bill of lading does not bear a statement on its face giving notice that the cargo is actually stowed on deck，then by default the option has been exercised in favour of under deck carriage．b）The typewritten or handwritten wording on the face of a bill of lading has precedence over the bills printed clauses．And a clean bill of lading，because it implies under-deck stowage，is functionally equivalent to a typewritten or handwritten notation on the face of the document calling for carriage below deck．A clean bill of lading therefore overrides the printed liberty to carry on deck clause．A general deck carriage clause without a statement on the face of the bill of lading that cargo is carried on deck is merely an option not exercised and the deck carriage is therefore a fundamental breach of the contract and the Rules．问题：A clause which reads“Carrier has liberty to carry GOODs on deck”contained in B/L is ________．A.a statementB.a problemC.an optionD.a typewritten or handwritten wording on its faceIf there is no deck stowage statement on the face of B/L，it is implied that ________．A.all cargoes are stowed under deckB.all cargoes are stowed on deckC.cargoes are stowed either on or under deckD.it can not be decided whether cargoes are stowed on or under deckIf a handwritten wording on the face of B/L is in conflict with one of its printed clause，________．A.the handwritten wording shall prevailB.the printed clause shall prevailC.both the handwritten wording and the printed clause shall be ignoredD.the B/L shall become null and voidThe deck carriage is justifiable only when ________．A.there is a general liberty to carry on deck clause in the B/L and a statement on its face that the cargo is actually stowed on deckB.there is either a general liberty to carry on deck clause in the B/L or a statement on its face that the cargo is actually stowed on deckC.there is neither general liberty to carry on deck clause in the B/L nor a statement on its face that the cargo is actually stowed on deckD.only when the carrier is exempted from all liability for loss of or damage to cargo stowed on deck请帮忙给出每个问题的正确答案和分析，谢谢！
考题
翻译：Under a voyage charterthe time for loading and discharge and the way of calculationthereofas well as the rate of the demurrage that would incur after the expiration of thelaytime and the rate of dispatch money to be paid as a result of the compeltion of loading ordischarge ahead of schedule,shall be fixed by the shipowner and the charterer upon mutualagreement
考题
Under documentary credit， the buyer is entitled to take delivery of the goods from the carrier or its agent before settling the payment.
考题
Under the conventional system of segmented transport， the consignor comes to separate contracts with each carrier， who is responsible for the whole carriage of cargoes.
考题
Ocean Bill of loading is the （）between carrier and shipper. A、evidence of the contract of carriageB、ocumentC、trading recordD、bill
考题
单选题（）means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier，and by which the carrier under takes to deliver the goods against surround of the document.A
Bill of ladingB
Bill of exchangeC
Mate's receiptD
Manifest
考题
单选题Under the rules, the term vessel includes（）.A
non-self-propelled raftB
seaplanesC
hovercraftsD
All of the above
考题
单选题The port State control officer may ensure that（）are exhibited in conspicuous places throughout the ship.A
survey planning documentB
muster listsC
bulk carrier bookletD
bulk carrier loading triangle
考题
单选题The carrier is entitled to carry the goods on deck only if such carriage is in accordance（）an agreement with the shipper or with the usage of the particular trade or is required by statutory rules or regulations.A
toB
inC
onD
with
考题
单选题（）should be responsible for loading,handling,stowing,carrying,keeping,carring for and discharging the goods carried according to the normal practice.A
The shipownersB
The shippersC
The carriersD
The ship’s officers
考题
单选题A vessel is considered to be “restricted in her ability to maneuver” under the Rules if she is （）.A
at anchorB
mineclearingC
engaged in fishingD
engaged in towing
考题
单选题According to bill of lading，the weight，measure，marks，numbers，quality，contents and value，being particulars furnished by（），are not checked by the carrier on loading.A
the ShipownerB
the ChartererC
the receiverD
the shipper
考题
单选题The mere inclusion of an arbitration clause in a bill of lading to which the Hague Rules apply as a matter of contract does not deprive the carrier（）the one year time limit.A
byB
toC
ofD
off
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