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提问人:网友a254298492 发布时间:2022-01-07
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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

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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听第7段材料,回答第8 -9题。 8. What does the woman want the man to d07 [ A] Change a decis

听第7段材料,回答第8 -9题。

8. What does the woman want the man to d07

[ A] Change a decision.

[B] Make a phone call.

[ C] Suggest a place to meet.

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第2题
Some older people prefer informal ______introductions.
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第3题
根据以下材料,回答题Smart ExerciseDoctors are starting to find more and more information th

根据以下材料,回答题

Smart Exercise

Doctors are starting to find more and more information that suggests a connection between exercise and brain development. Judy Cameron, a scientist at Oregon Health and Science University, studies brain development. According to her research, it seems that exercise can make blood vessels, including those in the brain, stronger and more fully developed. Dr.

Cameron claims this allows people who exercise to concentrate better. As she says: "While we already know that exercise is good for the heart, exercise can literally cause physical changes in the brain."

The effects of exercise on brain development can even be seen in babies. Babies who do activities that require a lot of movement and physical activity show greater brain development than babies who are less physically active. With babies, even a little movement can show big results. Margaret Barnes, a pediatrician (儿科医师) , believes in the importance of exercise.

She thinks that many learning disabilities that children have in elementary school or high school can be traced back to a lack of movement as babies. "Babies need movement that stimulates their five senses. They need to establish a connection between motion and memory.

In this way, as they get older, children will begin to associate physical activity with higher learning," says Margaret.

Older people can beef up their brains as well. Cornell University studied a group of seniors ranging in age from seventy to seventy-nine. Their study showed a short-term memory increase of up to 40 percent after exercising just three hours a week. The exercise does not have to be very difficult, but it does have to increase the heart rate. Also, just like the motion for infants, exercise for older people should involve some complexity. Learning some new skills or motions helps to open up memory paths in the brain that may not have been used for a long time.

For most people, any type of physical activity that increases the heart rate is helpful. The main goal is to increase the brain"s flow of blood. And your brain can benefit from as little as two to three hours of exercise a week.

Research by Dr. Cameron seems to suggest that exercise can __________. 查看材料

A.generate new blood vessels

B.change the way a person thinks

C.promote brain development

D.divert one"s attention

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第4题
Some older people prefer ______() introduction.

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第5题
Does brain power ______ as we get older? Scientists now have some surprising answers.A.des

Does brain power ______ as we get older? Scientists now have some surprising answers.

A.descend

B.decline

C.deduce

D.collapse

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第6题
Because the problem of aging still remains a myth, some workplace bosses are uncertain a b
out whether hiring older workers is ______.

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第7题
Dr. Carol A. Ford considered middle-schoolers______.A.appropriately develop some relianceB

Dr. Carol A. Ford considered middle-schoolers______.

A.appropriately develop some reliance

B.partly develop a private and confidential relationship with a doctor

C.relate skills of negotiating the world to their physical maturity

D.look like older

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第8题
以下句子是否表达无误: In spite of some fluctuation in the expected percentages, the proportion of older people will probably continue to increase in the next two decades in the three countries.
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第9题
Some of the older villagers prefer___tobacco rather than to smoke it.

A.to chew

B.chewing

C.chewed

D.chew

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第10题
根据以下材料,回答题Older Volcanic EruptionsVolcanoes were more destructive in ancient hist

根据以下材料,回答题

Older Volcanic Eruptions

Volcanoes were more destructive in ancient history, not because they were bigger, but because the carbon dioxide they released wiped out life with greater ease.

Paul Wignall from the University of Leeds was investigating the link between volcanic eruptions and mass extinctions. Not all volcanic eruptions killed off large numbers of animals, but all the mass extinctions over the past 300 million years coincided with huge formations of volcanic rock. To his surprise, the older the massive volcanic eruptions were, the more damage they seemed to do. He calculated the "killing efficiency" for these volcanoes by comparing the proportion of life they killed off with the volume of lava that they produced. He found that for size, older eruptions were at least 10 times as effective at wiping out life as their more recent rivals.

The Permian extinction, for example, which happened 250 million years ago, is marked by floods of volcanic rock in Siberia that cover an area roughly the size of western Europe. Those volcanoes are thought to have pumped out about 10 gigatones of carbon as carbon dioxide. The global warming that followed wiped out 80 percent of all marine genera at the time, and it took 5 million years for the planet to recover. Yet 60 million years ago, there was another huge amount of volcanic activity and global warming but no mass extinction. Some animals did disappear but things returned to normal within ten thousands of years. "The most recent ones hardly have an effect at all," Wignall says. He ignored the extinction which wiped out the dinosaurs 65 million years ago, because many scientists believe it was primarily caused by the impact of an asteroid. He thinks that older volcanoes had more killing power because more recent life forms were better adapted to dealing with increased levels of CO2.

Vincent Courtillot, director of the Paris Geophysical Institute in France, says that Wignall"s idea is provocative. But he says it is incredibly hard to do these sorts of calculations. He points out that the killing power of volcanic eruptions depends on how long they lasted. And it is impossible to tell whether the huge blasts lasted for thousands or millions of years. He also adds that it is difficult to estimate how much lava prehistoric volcanoes produced, and that lava volume may not necessarily correspond to carbon dioxide emissions.

Why did older volcanic eruptions do more damage than more recent ones? 查看材料

A.Because they killed off life more easily.

B.Because they were brighter.

C.Because they were larger.

D.Because they were hotter.

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第11题
Does brain power ______as we get older? Scientists now have some surprising answers.A.desc

Does brain power ______as we get older? Scientists now have some surprising answers.

A.descend

B.decline

C.deduce

D.collapse

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