题目内容 (请给出正确答案)
[主观题]

In case of any loss or misfortune it is the duty of _______ to take such measures as may b

e reasonable for the purpose of averting or minimizing a loss which would be recoverable under this insurance.

A.the Assured and their servants and agents

B.the Assurer and his servants and agents

C.the Charterer and his servants and agents

D.the Operator and his servants and agents

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更多“In case of any loss or misfort…”相关的问题

第1题

__________ the parties agree to cancel the Charter,the Owners to indemnify the Brokers aga
inst any loss of brokerage,but in such case the brokerage not to exceed that on one year's hire.

A.Would

B.Should

C.Had

D.Might

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第2题

材料:Immediately upon receipt of advice of any accident or loss to the insured vessel,it i

材料:

Immediately upon receipt of advice of any accident or loss to the insured vessel,it is the duty of the Insured to give notice to the Insurer within 48 hours,and if the vessel is abroad,to the Insurer&39;s nearest agent immediately,and to take all reasonable measures for the purpose of averting or minimizing a loss which would be recoverable under this insurance. Measures taken by the Insured or the Insurer with the object of averting or minimizing a loss which would be recoverable under this insurance shall not be considered as waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

The Insured shall obtain prior agreement of the Insurer in determining the liabilities and expenses in respect of the insured vessel.

In submitting a claim for loss,the Insured shall transfer to the Insurer all necessary documents,and assist him in pursuing recovery against the third party in case of third party liabilities or expenses being involved.

问题:

Which are the duties of the Insured upon receipt of advice of any accident or loss to the insured vessel ___________.

I.To take all reasonable measures for the purpose of averting or minimizing a loss insured against;

II.To give notice to the Insurer within 48 hours;

III.To obtain prior agreement of the Insurer in determining the measures to be taken for the purpose of minimizing a loss insured against.

A.I,II and III

B.I and II

C.I and III

D.II and III

The word“abandonment”in the second paragraph of this passage means ______.A.“giving up the hope to rescue the insured ship”

B.“leaving the sinking ship”

C.“discharging the Insurer's liability for the insured ship”

D.“giving the ownership of the insured vessel to the Insurer”

If third party liabilities or expenses is involved in a claim for loss,the Insured shall ______.A.transfer all necessary documents to the third party

B.assist the Insurer in pursuing recovery against the third party

C.obtain prior agreement of the third party in determining the liabilities and expenses in respect of the insured vessel

D.ask the third party to accept abandonment

“Third party”in the last paragraph of this passage refers to ______.A.the Insurer

B.the Insured

C.any party other than the Insurer and the Insured

D.either the Insurer or the Insured

请帮忙给出每个问题的正确答案和分析,谢谢!

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第3题

材料:Some older decisions have held that the carrier,in order to rebut the presumption of

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!

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第4题

材料:The shipper shall be deemed to have guaranteed to the carrier the accuracy at the tim

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 owners

B.shippers

C.charterers

D.the merchant

The duration of the liability of the carrier or ship in respect of loss of or damage to cargo is ________.A.one year

B.three days

C.not mentioned

D.variable with the kind of cargo carried and the voyage the vessel has completed

This clause is most likely extracted from ________.A.Hague Rules

B.Marpol 73/78

C.SOLAS

D.IMDG Code

It 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 cargoes

B.the shipper shall indemnify the carrier against no loss,damage and expense arising or resulting from inaccuracies in particulars concerning cargoes

C.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 him

D.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

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第5题

材料:Intention can be inferred in many ways by the courts.Thus the discharge at Cadiz inst

材料:

Intention can be inferred in many ways by the courts.Thus the discharge at Cadiz instead of Bombay“for nefarious reasons”was an unreasonable deviation.A transshipment was declared to be an unreasonable deviation “since no excuse has been proffered for the deviation.” A geographic deviation abrogated the contract because“there can be no suggestion that the deviation was other than voluntary.”

On the other hand,where the court was unable to find that a defendant&39;s action constituted“a voluntary deviation without reasonable cause,” the defendant was exculpated of liability.The vast majority of decisions require that intention be proved in cases of deviation and quasi-deviation.The carrier has the burden of proving that it had no intention to deviate or that the deviation was not for the carrier&39;s sole benefit.

Accordingly,a geographic deviation due to an erroneous change of course by the master is not a deviation,but an error in navigation;in such a case,the carrier is protected under the Rules.If,however,the master is ordered to alter the customary or planned route,or deliberately takes it upon himself to do so,for a reason other than to save persons or cargo(or some similar reason),then the course alteration is an unreasonable deviation,because it is intentional and for the carrier&39;s own benefit.

nefarious,邪恶的,穷凶极恶的

proffer,提出

abrogate,使作废

问题:

If the carrier has proved that he had no intention to deviate or that the deviation was not for his sole benefit ________.

A.he will be exculpated of liability

B.he is to investigate the case further

C.he will not be exculpated of liability

D.he has to contact with the shipper to see if he himself is free of any liability

A geographic deviation due to an erroneous change of course by the master ________.A.is not a reasonable deviation

B.is not an error in navigation

C.is a reasonable deviation

D.can not be determined if it constitutes a reasonable deviation

Where the court is unable to find that a defendant's action constituted “a voluntary deviation without reasonable cause,”________.A.the defendant will not be responsible for the loss and damage

B.the defendant will be responsible for the loss and damage

C.if the defendant be responsible for the loss and damage can not be determined

D.the court should not make any decision

An unreasonable deviation must be committed by the master ________.A.intentionally

B.for the carrier's own benefit

C.intentionally and for the carrier's own benefit

D.reasonably

请帮忙给出每个问题的正确答案和分析,谢谢!

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第6题

回答题:The Case of the Disappearing FingerprintsOne useful anti-cancer drug can effectivel

回答题:

The Case of the Disappearing Fingerprints

One useful anti-cancer drug can effectively erase the whorls and other characteristic marks that give people their distinctive fingerprints. Losing__________(51)could become troublesome. A case released online in a letter by Annals of Oncology indicates how big a__________(52) of losing fingerprints is.

Eng-Huat Tan, a Singapore-based medical doctor describes a 62-year old man who has used capecitabine to __________(53)his nasopharyngeal cancer. After three years on the__________(54), the patient decided to visit U. S. relatives last December. But he was stopped by U. S. customs officials __________(55)4 hours after entering the country when those officials couldn"t get fingerprints from the man. There were no distinctive swirly__________(56) appearing from his index finger.

U.S. customs has been fingerprinting incoming foreign visitors for years, Tan says. Their index fingers are__________(57) and screened against digital files of the fingerprints of bad guys-terrorists and potential criminals that our federal guardians have been tasked with keeping out of the country. Unfortunately, for the Singaporean travelers, one potential__________(58)effect of his drug treatment is a smoothing of the tissue on the finger pads. __________(59), no fingerprints.

"It is uncertain when fingerprint loss will__________(60) to take place in patients who are taking eapecitabine," Tan points out. So he cautions any physicians who__________(61)the drug to provide their patients with a doctor"s note pointing out that their medicine may cause fingerprints to disappear.

Eventually, the Singapore traveler made it into the United States. I guess the name on his passport didn"t raise any red flags. But he"s-also now got the explanatory doctor"s note——and won"t leave home __________(62) it.

By the way, maybe the Food and Drug Administration, __________(63) approved use of the drug 11 years ago, should consider __________ (64) its list of side effects associated with this medi-cine. The current list does note that patients may experience vomiting, stomach pain and some other side effects. But no where __________(65) it mention the potential for loss of fingerprints.

材料题请点击右侧查看材料问题 查看材料

A.him

B.her

C.them

D.he

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第7题

材料:This insurance also covers the insured vessel&39;s proportion of general average,salv

材料:

This insurance also covers the insured vessel&39;s proportion of general average,salvage or salvage charges,but in case of general average sacrifice of the vessel,the Insured may recover fully for such loss without obtaining contributions from other parties.

General average shall be adjusted in accordance with the relative contract and governing law and practice.However,where the contract of affreightment or carriage does not so provide,the adjustment shall be made according to the Beijing Adjustment Rules or similar provisions of other rules. Where all the contributing interests are owned by the Insured,or when the insured vessel sails in ballast and there are no other contributing interests the provisions of the Beijing Adjustment Rules(excluding Article 5),or similar provisions of other rules if expressly agreed,shall apply as if the interests were owned by different persons.

The voyage for this purpose shall be deemed to continue from the port or place of departure until the arrival of the vessel at the first port or place of call thereafter other than a port or place of refuge or a port or place of call for bunkering only.If at any such intermediate port or place there is an abandonment of the adventure originally contemplated the voyage shall thereupon be deemed to be terminated.

问题:

In the event of general average sacrifice of the insured vessel,the insured ______.

A.can only recover the insured vessel’s proportion from the Insurer

B.should recover fully for such loss by obtaining contributions from the other parties

C.may recover fully for such loss from the Insurer prior to his obtaining the contributions from other parties

D.shall own all the contributing interests

General average adjustment shall be made according to the Beijing Adjustment Rules or similar provisions of other rules if _____.A.the relative contract does not provide according to which law and practice the adjustment shall be made

B.the contributing interests are owned by different persons

C.the contract of affreightment or carriage requires that some other governing law be followed

D.there is a sacrifice of the insured vessel

If the insured vessel sails in ballast and there are no other contributing interests,______.A.the general average adjustment shall be made according to the relative contract of carriage

B.all the provisions of Beijing Adjustment Rules shall be applied in case of any general average

C.no general average adjustment is needed

D.the general average shall be adjusted as if there were different contributing interests according to the provisions of Beijing Adjustment Rules

The word“contemplated”in the last paragraph of this passage means _____.A.“looked at”

B.“intended”

C.“contended”

D.“meditated”

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第8题

One of the greatest mysteries of the world, for 'which scientist have so far been unable t
o find any satisfactory explanation, is the Bermuda Triangle, sometime called "the Graveyard of the Atlantic." This is an area of the western Atlantic between Bermuda and Florida, roughly triangular in shape where since 1945 at least a hundred ships and planes and over a thousand people have disappeared. No wreckage had been found, no bodies, lifebelts or any other evidence of disater. It is as if these planes, ships and people had never existed. In some cases a routine radio message has been received from aircraft reporting everything in order a few minutes before all contact was lost, in others a weak S. O. S message has been picked up and, in perfect weather, inexplicable references to fog and loss of bearings. In the extraordinary case of five U. $. navy planes disappearing on a routine mission from Florida, the rescue place sent to locate them vanished also. There have been references to the curious white light or haze which is a feature of the sea in part of this area, and it is interesting to note that not only was this light, or streaks of light, observed by the astronauts on their way to space, but was also noted by Columbus, five centuries ago. Whether this light has any connection with the mysterious disappearance is unknown-it is just another curious circumstance as yet unexplained.

Many theories, some bordering on the fantastic, have been advanced to account for the disturbing incidents that occur in the area of the Bermuda Triangle. It has been asked whether these disappearances are caused by extraterrestrial activity, by some undiscovered source of energy, or some dimension of time or space unguessed at by Man. This is no answer and speculation continues as anxiety increases.

What is the most puzzling feature of the incidents that have occurred in the Bermuda Triangle area?

A.The unexplained wreckage found in the area.

B.The lack of evidence of disaster.

C.The appearance of the wreckage.

D.The disastrous losses in the area.

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第9题

___ means that in case of a loss, the insured is compensated for the loss and restored to the position he was in at the moment that loss occurred.

A.insurable interest

B.utmost good faith

C.indemnity

D.contribution

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第10题

In the case of ________ the Insured ship,this Company shall be liable for the reasonable c
osts of replacements and repairs.

A.loss of or damage to

B.a partial loss to

C.the missing of

D.a total loss of

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