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提问人:网友nt_0513 发布时间:2022-01-07
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材料:In a bill of lading there might be a clause known as general liberty to carry on deck

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!

简答题官方参考答案 (由简答题聘请的专业题库老师提供的解答)
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第8题
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第9题
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第10题
材料:The endorsement of a nonnegotiable bill does not make the bill negotiable or give the

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 transferee

B.the title to the GOODs from the transferee to the transferor

C.in no way the title to the GOODs from the transferor to the transferee

D.the GOODs to the party entitled to their possession

The 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 GOODs

B.by having the carrier actually delivered the GOODs to him

C.by having the transferor endorsed the nonnegotiable bill

D.in no way

If 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 liable

B.he is not liable

C.it can not be determined whether he is liable or not

D.whether he is liable or not is to be determined by the law of the ship’s flag

In 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.he

B.the transferor

C.the transferee

D.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!

点击查看答案
第11题
材料:If,by reason of or in compliance with any suc...

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A.any port as directed

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B.a contract of carriage, such as Gencon

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This is a ______ .A.a clause of a contract

B.an explanation of a clause in a contract

C.a requirement from a government

D.an article of an international convention

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