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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 shipper
B.it shifted the burden of proof from the shipper to the carrier
C.it denied the burden of proof
D.it did not specify the burden of proof
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更多 “ 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 ” 相关考题
考题
________ shall be liable for loss of and damage to the vessel and／or goods arising or resulting from inaccuracies in stating the description，quantity，weight，measurement or contents．A.The ShipownerB.The MerchantC.The CarrierD.Both the Merchant and the Carrier
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材料：If，by reason of or in compliance with any such directions or recommendations，the vessel does not proceed to the port or ports named in the Bill of Lading or to which she may have been ordered pursuant thereto，the Vessel may proceed to any port as directed or recommended or to any safe port which the Owners in their discretion may decide on and there discharge the cargo．Such discharge shall be deemed to be due fulfillment of the contract of affreightment and the Owners shall be entitled to freight as if discharge had been effected at the port or ports named in the Bill of Lading or to which the Vessel may have been ordered pursuant thereto．问题：If the vessel does not, under the directions of the Charterer, proceed to the port or ports named in the Bill of Lading or to which she may have been ordered pursuant thereto to, she may proceed to all the following ports except ______ ．A.any port as directedB.any port as recommendedC.any safe port which the Owners in their discretion may decide onD.the port or ports of originAt the substituted port, the carrier is entitled to ______ freight if he had dilivered full cargo there．A.full freightB.half freightC.no freightD.reasonable freightThe contract of affreightment is referred to ______ ．A.a contract of carriage by which the carrier is entitled to carry certain amount of cargo in a specified time by any vessel or vessels either belonging to himself or to othersB.a contract of carriage, such as GenconC.a contract of tradeD.a contract of salesThis is a ______ ．A.a clause of a contractB.an explanation of a clause in a contractC.a requirement from a governmentD.an article of an international convention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 carrier is entitled，at port of shipment and / or port of discharge，to verify the quantity，weight，measurement and contents of the goods as declared by the merchant．If the weight，measurement，and / or contents of such goods as stated in the bill of lading turn out to be inconsistent with that of the goods actually loaded，and the freight paid falls short of the amount which would have been due if such declaration had been correctly given，the carrier is entitled to collect from the merchant as liquidated damages to the carrier double the amount of difference between the freight for the goods actually shipped and that mis-stated．The merchant shall be liable for loss of and damage to the vessel and / or goods arising or resulting from inaccuracies in stating the description，quantity，weight，measurement or contents of the goods and shall indemnify the carrier for the costs and expenses in connection with weighing，measuring and checking such goods．问题：A cargo of 1000 tons was actually shipped with the freight rate of US$10 per ton, but the shipper declared that it was 800 tons and the freight paid short accordingly. The carrier is entitled to claim from the shipper as liquidated damages the sum of US$ ______．A.2000B.8000C.4000D.10000The carrier is most likely to verify ______ of the goods．A.the weightB.the descriptionC.the marksD.the damagesThe purpose of this clause is to protect the interests of ______ ．A.the carrierB.the shipperC.the merchantD.all the parties concernedDamages caused by inaccuracies in stating the description，quantity，weight，measurement or contents of the goods will be responsible by ______．A.the carrierB.the shipperC.the ownerD.the consignee请帮忙给出每个问题的正确答案和分析，谢谢！
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The defences and limits of liability ______ in this bill of lading shall apply in any action against the carrier for loss of or damage to the goods whether the action be founded in contract or in tort.A.requiredB.provided forC.requestedD.supplied
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The person who signs the bill of lading without the authority of the Shipowner stating that goods have been shipped，and they have in fact not been shipped at all，______ liable to an indorsee of the bill of lading，who has relied on that statement，for damages for breach of warranty of authority．A.haveB.hasC.areD.is
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材料：The endorsement of a nonnegotiable bill does not make the bill negotiable or give the transferee any additional right．A person to whom a nonnegotiable bill has been transferred by delivery and agreement to transfer title to the bill or to the GOODs which it represents acquires the title to the GOODs as against the transferor．The transferee may also notify the carrier of the transfer to him，and the carrier is then obligated directly to the transferee for any obligations the carrier owed to the transferor immediately before the notification．More specifically，the carrier is liable to the owner of GOODs transported under a nonnegotiable bill，subject to the right of stoppage in transit．Besides having to be the owner of the GOODs covered by the nonnegotiable bill，the claimant in such a case must have actually relied in GOOD faith on statements made by the carrier on the bill．The carrier is liable for having stated on the bill that he received GOODs when in fact he had not，and for having delivered the GOODs in a quantity，kind，weight or condition other than as stated on the bill．In general，the carrier must deliver the GOODs on demand of the consignee named in a nonnegotiable bill of lading．However，on the endorsement of a nonnegotiable bill，the GOODs may be delivered to a party entitled to their possession．The carrier is liable toward the person having title to，or a right to possession of，the GOODs for delivering them to a party not entitled to their possession．问题：The endorsement of a nonnegotiable bill transfers ________．A.the title to the GOODs from the transferor to the transfereeB.the title to the GOODs from the transferee to the transferorC.in no way the title to the GOODs from the transferor to the transfereeD.the GOODs to the party entitled to their possessionThe transferee of a nonnegotiable bill acquires the title to the GOODs ________．A.by taking delivery of the bill and entering into an agreement to transfer title to the bill or to the GOODsB.by having the carrier actually delivered the GOODs to himC.by having the transferor endorsed the nonnegotiable billD.in no wayIf the GOODs were thus transferred，and the carrier delivered the GOODs in a quantity，kind，weight or condition other than as stated on the bill，________．A.he is liableB.he is not liableC.it can not be determined whether he is liable or notD.whether he is liable or not is to be determined by the law of the ship’s flagIn the event of a nonnegotiable bill has been actually transferred，if the carrier stated on the bill that he received GOODs when in fact he had not，________ is liable．A.heB.the transferorC.the transfereeD.the person having title to，or a right to possession of，the GOODs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：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！
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：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！
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：Neither the consignee nor the holder of the bill of lading shall be liable for the demurragedead freight and all other expenses in respect of loading occurred at the loading port unless the bill of lading clearly states that the aforesaid demurragedead freight and all other expenses shall be borne by the consignee and the holder of the bill of lading。
考题
Ocean Bill of Lading is the （）between carrier and shipperA、evidence of the contract of carriageB、DocumentC、Trading recordD、Bill
考题
Usually， the straight bill of lading is non-negotiable， that is， the goods must be sent to the consignee named in the bill of lading by the carrier.
考题
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
考题
Ocean bill of lading is the（） between carrier and shipper.A、evidence of the contract of carriageB、DocumentC、trading recordD、Bill
考题
单选题Higher compensation may be claimed only when，with the consent of the carrier，the value of the goods declared by the shipper which（）the limits laid down in this clause has been stated in this bill of lading.A
increasesB
exceedsC
decreasesD
reduces
考题
问答题翻译：Neither the consignee nor the holder of the bill of lading shall be liable for the demurragedead freight and all other expenses in respect of loading occurred at the loading port unless the bill of lading clearly states that the aforesaid demurragedead freight and all other expenses shall be borne by the consignee and the holder of the bill of lading。
考题
单选题（）is responsible in any event for loss or damage to or in connection with the goods if their nature or value has been knowingly mis-stated by the shipper in the Bill of Lading.A
The carrierB
The ShipownerC
The carrier or the ShipownerD
Neither the carrier nor the Shipowner
考题
判断题Usually， the straight bill of lading is non-negotiable， that is， the goods must be sent to the consignee named in the bill of lading by the carrier.A
对B
错
考题
单选题（）anything provided for in Clause 7 and 8 of this bill of lading and subject to Clause 17，if it can be proved where the loss or damage occurred the carrier and the merchant shall，as to the liability of the carrier，be entitled to require such liability to be determined by the provisions contained in any relevant international convention or national law.A
NotwithstandingB
WhatsoeverC
WhereaboutD
Nevertheless
考题
单选题The defences and limits of liability（）in this bill of lading shall apply in any action against the carrier for loss of or damage to the goods whether the action be founded in contract or in tort.A
requiredB
provided forC
requestedD
supplied
考题
单选题The person who signs the bill of lading without the authority of the Shipowner stating that goods have been shipped，and they have in fact not been shipped at all，（）liable to an indorsee of the bill of lading，who has relied on that statement，for damages for breach of warranty of authority.A
haveB
hasC
areD
is
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
考题
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
考题
单选题（）shall be liable for loss of and damage to the Vessel and／or goods arising or resulting from inaccuracies in stating the description，quantity，weight，measurement or contents.A
The MerchantB
The CarrierC
The Ship OwnersD
Both the Merchant and the Carrier
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