When bill of lading showed shipper as "ABC Company',consignee as "To order of shipper
A. ABC Company B. XYZ Company
C. both A&B D. neither A&B
A. ABC Company B. XYZ Company
C. both A&B D. neither A&B
第1题
A.documents.., clear
B.goods.., clear
C.documents.., clean
D.goods.., clean
第2题
第3题
when ______,the provisions of the Bill of Lading will be used as a basis for settlement.
A.an event is in connection with the marine peril at sea
B.a matter is linked to a person injury
C.a fact is being contacted by Charter Party
D.a case is related to dispute about cargo
第4题
ABC Line
signature
(1)( ) It is correct.
(2)( ) It is incorrect because ______
第5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 shipper&39;s 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 cargo
B.a damage which is always aggravated by the conduct of carrier
C.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 shipment
D.an outward condition of the cargo
The carrier issuing a clean bill of lading will only be bound by ________.A.any thing wrong in the natural course of events
B.the conduct of the carrier or those for whom he is responsible
C.inherent vice or hidden defect presented within the cargo
D.the apparent order and condition of the cargo
Of 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 incident
B.hidden defect
C.inherent vice
D.inherent defect
It 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 parties
B.gives sufficient notice that this cargo has no defects which all similar cargo normally has
C.will be prevented from proving there is any natural defect in the thing shipped
D.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!
第6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 bill&39;s 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 statement
B.a problem
C.an option
D.a typewritten or handwritten wording on its face
If there is no deck stowage statement on the face of B/L,it is implied that ________.A.all cargoes are stowed under deck
B.all cargoes are stowed on deck
C.cargoes are stowed either on or under deck
D.it can not be decided whether cargoes are stowed on or under deck
If a handwritten wording on the face of B/L is in conflict with one of its printed clause,________.A.the handwritten wording shall prevail
B.the printed clause shall prevail
C.both the handwritten wording and the printed clause shall be ignored
D.the B/L shall become null and void
The 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 deck
B.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 deck
C.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 deck
D.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!
第7题
听力原文: The importer will require a full set of bills of lading in order to obtain the goods from overseas port. The bills of lading can only be obtained by payment of the bill of exchange (D/P) , or by acceptance (D/A). Therefore, the importer cannot obtain the goods without paying or accepting the bill of exchange, and conversely an exporter retains control of the goods until payment or acceptance of bill of exchange. When goods are sent by air, the airway bill could show the importer's bank as consignee. Once again the importer must pay or accept a bill of exchange to be able to obtain the goods. Once the importer has paid or accepted the bill of exchange, the importer's bank will issue a delivery order. The delivery order is an authority, signed on behalf of the bank, authorizing the airport to release the goods to the named importer.
27. What will the importer require to obtain the goods from oversea port?
28.What's the meaning of D/P?
29.How can he importer obtain the goods ?
30.When goods are sent by air, who can issue a delivery order to release the goods?
(27)
A.bill of lading
B.documentary letter
C.letter of credit
D.insurance document
第8题
材料:
Failing to identify pre-shipment damage and neglecting to make appropriate notations on bills of lading will deprive the carrier of his rights,limitations and immunities under the contract of carriage and may prejudice Club cover.Assertions are sometimes made by cargo interests that rust on a particular shipment is normal and will not affect its market value.
Such comments should be disregarded.In all cases where a steel cargo is found to be rusty,it is imperative that remarks are made on the bills of lading,irrespective of the apparent severity of the rust.The bills of lading should also be claused to reflect any physical pre-shipment damage to the steel and/or wrappers(bends,tears,crimps,dents,deformation,crushing).
Selecting the most appropriate clauses to describe pre-shipment damage is not always easy,and the attending surveyor should be consulted for advice. Where possible,the clausing should list the identification marks of the damaged GOODs,failing which the number of coils or packages should be quantified.Percentage estimates regarding the number of damaged pieces should not be given.If it is not possible to identify the damaged GOODs specifically,the words“some”or“several”may be acceptable.Any differences found between the ship and shore tally or ship and bill of lading figures must be noted on the bill of lading in the usual manner.
问题:
The clausing on B/L is to reflect and make notation of ________ the cargoes and/or their wrappers.
A.all damages incurred during the carriage by sea to
B.all possible damages to and/or losses of
C.physical pre-shipment damages to
D.pre-shipment damages to
The proper topic of this paragraph is ________.A.The Principles for Clausing on Bills of Lading
B.Losses of and Damages to Steel Cargoes
C.Legal Actions to Be Taken When Losses of and Damages to Cargoes Incurred
D.The Functions of Clauses Made on Bills of Lading
The pre-shipment rusts for which there are assertions made by cargo interests that they are normal and would not affect the cargo's market value shall ________.A.be claused on the Bill of Lading
B.not be claused on the Bill of Lading
C.be disregarded
D.not be disregarded
This paragraph is most likely compiled to protect the interests of ________.A.the carriers
B.the shippers
C.the merchants
D.the cargo owners
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