材料:As with the duties of loading and stowing of the carrier under Hague Rules and nation
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
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