材料:The carrier who does not pack a container cannot determine the sufficiency of packing

题目

材料:

The carrier who does not pack a container cannot determine the sufficiency of packing of individual cartons within the container.Thus the carrier is not estopped from proving the insufficiency of packing of the GOODs within the container stuffed and sealed by the shipper,even where the carrier has issued a clean bill of lading.

The principle of estoppel only applies to the apparent order and condition of the exterior of the container.The carrier has no duty to inspect the cargo of the shipper-packed container,unless its packaging is apparently inadequate or the shipper has given the carrier special instructions as to the special requirements of the cargo.This view places the burden of inspection and ascertainment of special stowage needs on the party most likely to know of or best equipped to discover such needs.

Both the condition of the container and the packing of the individual objects inside are important.The condition of the container supplied by a shipper may preclude recovery by cargo interests in various situations,for example,where the container&39;s insufficient ventilation causes the GOODs to spoil.

Improper packing of objects(e.g.defective“stuffing”of GOODs into a container)may also constitute a case of insufficiency of packing by the shipper.For example,antiques,furniture,porcelain and crystal had been shipped in containers.The porcelain and crystal which had been packed in cartons suffered no damage,but the furniture and antiques which had only been wrapped in paper were damaged. The carrier was not held responsible as the packing was deemed to be insufficient.

问题:

If the carrier has issued a clean bill of lading for the general cargo on board of his ship,he will be ________.

A.precluded from recovery of any loss or damage from any interests

B.prevented from making a denial that the cargo was packed in apparently GOOD order and condition

C.entitled to make any allegation that contradicts what he has previously stated that the cargo was properly packed

D.estopped from proving the sufficiency of packing of the GOODs

It is inferred that this passage prepared to protect the interests of ________.A.the shipper

B.the supplier of containers

C.the cargo interests

D.the carrier

It is implied in the passage that ________.A.the carrier will not be responsible for the damage to a cargo contained in a container supplied by the carrier

B.the carrier will in no way be responsible for the damage to a cargo contained in a container supplied by the shipper

C.the carrier will be estopped from proving the insufficiency of packing of the GOODs within the container stuffed and sealed by the shipper even he has issued a clean bill of lading

D.by the principle of estoppel,the carrier will not be held responsible even the cargoes,such as antiques,furniture,porcelain and crystal,had been shipped in one container

The insufficient ventilation of a container supplied by a shipper that causes the GOODs to spoil may preclude recovery ________.A.by the cargo interests against the carrier

B.by the carrier against the owners

C.by the shipper against cargo interests

D.by the carrier against the cargo interests

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相似问题和答案

第1题:

The packing of goods offered does not meet our standards. Could you use packing which is secure ()breakage?

A、upon

B、of

C、at

D、from


参考答案:D

第2题:

Shipboard Oil Pollution Emergency Plan shall be carried on board by ______.

A.Oil tanker

B.Bulk carrier of 400 gross tonnage and above

C.Container vessel

D.Passenger ship


正确答案:B

第3题:

_____ is a receipt issued by a carrier for merchandise to be delivered to a party at some destination.

A Proforma invoice

B Inspection certificate

C Packing list

D Bill of lading

E None of the above.


正确答案:D

第4题:

An inflatable life raft is hand-launched by ______.

A.pulling a cord

B.cutting the wire restraining bands

C.removing the rubber packing strip

D.throwing the entire container overboard


正确答案:D
气胀式救生筏通过将整个壳箱抛出船外手动释放。

第5题:

If a container which has not been filled,packed,stuffed or loaded by the Carrier is delivered by the Carrier with the seal ______,such delivery shall be deemed as full and complete performance of the Carrier's obligation.

A.Intact

B.Properly used

C.Perfect

D.Fully sized


正确答案:A

第6题:

If the insufficiency of the packing was apparent on reasonable inspection,the Shipowner cannot ______ the exception of insufficiency of packing.

A.rely in

B.rely upon

C.rely with

D.rely to


正确答案:B

第7题:

What purpose does a bridge fitting serve when lashing containers ________.

A.Ties a container stack to the deck

B.Ties a container to the container below it

C.Restrains racking loads

D.Restrains the container against horizontal motion


正确答案:D

第8题:

199 _____ is a receipt issued by a carrier for merchandise to be delivered to a party at some destination. A. Proforma invoice

B. Inspection certificate

C. Packing list

D. Bill of lading

E. None of the above


正确答案:D

第9题:

______ is a combination carrier.

A.OBO

B.Crude oil tanker

C.Container carrier

D.Bulker


正确答案:A

第10题:

“It is declared that this shipment does not contain any wood packing materials。” 与这句话意思接近的是( )。
A. We declare that no wood packing material was used in this shipment.
B. No declaration was made whether wood packing materials had been used or not.
C. If you don't make any declaration, we will not use any wood packing material.
D. We will not use any wood packing material since you have provided us a declaration of no wood packing material.


答案:A
解析:

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