材料:The fact that the GOODs were damaged raises a prima facie case of negligence which ca

题目

材料:

The fact that the GOODs were damaged raises a prima facie case of negligence which can only be cleared by the carrier by showing what actually occurred. For example,a ship carried grain on MS Great Lakes to a port where it was stored aboard the ship under a special storage contract for 22 days after which it was discovered to be wet.Rough weather during the voyage was alleged but the Court insisted on strict proof of how and when the rough weather caused the wetting.

Therefore,to rebut the presumption of fault when relying upon its own reasonable care,the carrier must further prove that the damage was caused by something other than its own negligence.Once the shipper establishes a prima facie case,under“the policy of the law”the carrier must“explain what took place or suffer the consequences”.The law casts upon the carrier the burden of the loss which it cannot explain or,explaining,bring within the exception case in which he is relieved from liability.

问题:

The best title of this passage is ______.

A.The liabilities on the part of the carrier and shipper

B.Loss of and damage to cargoes

C.The burden of proof on the part of the shipper

D.The burden of proof on the part of the carrier

It is concluded from this passage that MS Great Lakes ______.A.was liable for the wet damage if it could not prove how and when the rough weather caused the wetting

B.was liable for the wet damage even it could prove how and when the rough weather caused the wetting

C.was liable for the wet damage even it could not prove how and when the rough weather caused the wetting

D.was not liable for the wet damage if it could not prove how and when the rough weather caused the wetting

According to this passage,_______.A.If a carrier cannot bring the reason of the loss into the exception case in which he is relieved from liability,he is liable for the loss

B.Even a carrier can bring the reason of the loss into the exception case in which he is relieved from liability,he is still held liable for the loss by the court

C.Should a carrier bring the reason of the loss into the exception case in which he is relieved from liability,he could be held liable for the loss by the court

D.Should a carrier not bring the reason of the loss into the exception case in which he is relieved from liability,he could not be held liable for the loss by the court

The prima facie case of negligence in this passage refers to the one in which ______.A.a presumption of fault was made on the part of the carrier

B.a presumption of fault was made on the part of the shipper

C.a reasonable care was used by the carrier

D.a reasonable care was used by the shipper

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相似问题和答案

第1题:

The declaration made by the shipper, if embodied in the bill of lading, is ________ evidence, but is not binding or conclusive on the carrier.

A.absolute

B.important

C.decisive

D.prima facie


正确答案:D

第2题:

As freight is prima facie payable on delivery of the goods, the burden of making out a case for advance freight is on ________.

A.the shipper

B.consignee

C.the shipowner

D.consigner


正确答案:C

第3题:

(b) During the inventory count on 31 December, some goods which had cost $80,000 were found to be damaged.

In February 2005 the damaged goods were sold for $85,000 by an agent who received a 10% commission out

of the sale proceeds. (2 marks)

Required:

Advise the directors on the correct treatment of these matters, stating the relevant accounting standard which

justifies your answer in each case.

NOTE: The mark allocation is shown against each of the three matters.


正确答案:
(b) The inventories should be valued at the lower of cost and net realisable value. Cost is $80,000, net realisable value is
$85,000 less 10%, or $76,500. The net realisable value of $76,500 should therefore be taken (IAS2 Inventories)

第4题:

The prima facie rule that the law of the flag governs contracts of carriage by sea ______ the paramount rule of the intention of the parties,which may be express,or implied from the circumstances of the sea.

A.subject to

B.subjects to

C.subjects

D.is subject to


正确答案:D

第5题:

If the Shipowner proves that prima facie the cause of damage was excepted,the burden of proof shifts to ______.

A.the Shipowner

B.the shipper

C.the Charterer

D.the carrier


正确答案:B

第6题:

Where there has been delay in carrying goods, the measure of damages ________ generally the difference between the market value of the goods at the time when they ought to have been delivered and the time when they were in fact delivered.

A.have

B.has

C.are

D.is


正确答案:D

第7题:

Apart from special circumstances,the value of the goods for which compensation must be made,if they have been lost or damaged,______ that which they would have had at the time and place at which they ought to have been delivered in proper condition.

A.contains

B.remains

C.has

D.is


正确答案:D

第8题:

Old English was an inflected language in which relations of the words in the sentence were mainly indicated by the use of case endings.()


参考答案:正确

第9题:

If he is a common carrier,he is absolutely responsible to the owner of the goods carried ______ any loss or damage to them unless caused by an Act of God or the Queen's enemies,or the inherent vice in the goods themselves,or the negligence of the owner of the goods,or a general average sacrifice.

A.by

B.to

C.at

D.for


正确答案:D

第10题:

Between 1638 and 1650 hours this day,strong gusty winds were ______ by my vessel,in consequence of which,the vessel's four mooring lines were broken and her portside gangway severely damaged.

A.gone

B.done

C.had

D.experienced


正确答案:D

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