When the carrier is liable for the compensation in respect of loss of or damage to the goods，such compensation shall be calculated on the basis of the Merchant's net invoice cost，plus freight and insurance premium，if paid． This sentence means that ______.

A carrier or a shipper ________ to enter into any agreement， stipulation， condition， reservation or exception as to the responsibility and liability of the carrier or the ship for the loss of or damage to， or in connection with， the custody and care and handling of the goods prior to the loading on， and subsequent to the discharge from， the ship on which the goods are carried by sea.

A.is entitled

B.are entitled

C.entitles

D.entitle

No ______ payable for loss resulting from delay or delivery unless a notice has been given in writing to the carrier within 60 consecutive days after the day the goods were handed over to the consignee．

A.is compensation

B.are compensation

C.compensation is

D.compensation are

The Insurance Company shall be liable for ______.

A.loss or damage caused by unseaworthiness of the insured ship

B.demurrage of the insured ship and other indirect expenses

C.reasonable expenses for ascertaining the loss or damage within the scope of Cover

D.A，B，C are all wrong

Under the Carriage of Goods by Sea Act of 1936，a vessel will be liable for damage to cargo when the damage arises from ______．

A.An act of war

B.Lack of ventilation in transit

C.Perils of the sea

D.An error in navigation

The ______ shall bear the burden of proof with respect to the loss，damage or delay in delivery resulting from the other cause．

A.carrier

B.shipper

C.consigner

D.consignee

材料：

The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks，number，quantity and weight，as furnished by him，and the shipper shall indemnify the carrier against all loss，damages and expenses arising or resulting from inaccuracies in such particulars．The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper．

Unless notice of loss or damage and the general nature of such loss or damage be given before or at the time of the removal of the GOODs into the custody of the person entitled to delivery thereof under the contract of carriage，or，if the loss or damage be not apparent，within three days，such removal shall be prima facie evidence of the delivery by the carrier of the GOODs as described in the bill of lading．

The notice in writing need not be given if the state of the GOODs has，at the time of their receipt，been the subject of joint survey or inspection．

In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the GOODs or the date when the GOODs should have been delivered. In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the GOODs．

问题：

It can be concluded that the purpose of this clause is to protect the interest of ________．

A.ship owners

B.shippers

C.charterers

D.the merchant

The duration of the liability of the carrier or ship in respect of loss of or damage to cargo is ________．A.one year

B.three days

C.not mentioned

D.variable with the kind of cargo carried and the voyage the vessel has completed

This clause is most likely extracted from ________．A.Hague Rules

B.Marpol 73/78

C.SOLAS

D.IMDG Code

It is provided in the clause that ________．A.the shipper shall not indemnify the carrier against all loss，damages and expenses arising or resulting from inaccuracies in particulars concerning cargoes

B.the shipper shall indemnify the carrier against no loss，damage and expense arising or resulting from inaccuracies in particulars concerning cargoes

C.the shipper shall not be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks，number，quantity and weight，as furnished by him

D.the shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks，number，quantity and weight，as furnished by him

请帮忙给出每个问题的正确答案和分析，谢谢！

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

请帮忙给出每个问题的正确答案和分析，谢谢！

In the case of ________ the Insured ship，this Company shall be liable for the reasonable costs of replacements and repairs．

A.loss of or damage to

B.a partial loss to

C.the missing of

D.a total loss of

If the carrier is responsible for the damage or loss of the cargo，______ will have to pay to the insurance company．

A.the cargo holder

B.the Shipowner

C.the ship's crew

D.the P and I Club

The carrier shall not be liable for the loss of or damage to the goods occurred during the period of carrier's responsibility arising or resulting from any of the following causes except ______．

A.Fire，unless caused by the actual fault of the carrier

B.Force majeure and perils，dangers and accidents of the sea or other navigable waters

C.War or armed conflict

D.Intentional misconducts by the crew members on board the ship against the carrier

Where both the carrier and the actual carrier are liable for compensation，they shall ______ be liable within the scope of such liability．

A.separately

B.jointly

C.severally

D.jointly and severally

材料：

The contract of carriage of GOODs by sea is usually concluded as between the shipper and the carrier，either directly or through their respective agents．

Consequently，by virtue of the historic principle of privity of contract，only the shipper and the carrier have the right to take action against one another under the contract of carriage．The only clear exception to the rule was where the party having the right to sue assigned that right under a separate agreement to another party．

On the other hand，when GOODs are sold（as they typically are）prior to shipment，the terms of sale generally result in the risk in the GOODs passing from the seller（the shipper）to the buyer（the consignee or endorsee，in the case of a bill of lading，or the party entitled to take delivery under a waybill）when the GOODs cross the ship&39;s rail in the port of loading．

Therefore，although the law recognizes that the shipper alone has the right to sue the carrier in contract for subsequent cargo loss or damage occurring while the carrier had charge of the shipment，the shipper is not usually the party who actually suffers that loss．

Frequently，also，depending on the terms of sale，the shipper will no longer be the owner of the GOODs at the time when the loss or damage occurs，and so will be unable to sue the carrier in tort．

问题：

The contract of carriage of GOODs by sea is usually concluded as between ________．

A.the seller and the buyer

B.the shipper and the consignee or endorsee

C.the carrier and the consignee or endorsee

D.the shipper and the carrier

It is concluded ________ that only the shipper and the carrier have the right to take action against one another under the contract of carriage．A.by maritime laws

B.by a mainstay of the common law in particular

C.by virtue of the historic principle of privity of contract

D.by shipping practice

When GOODs are sold prior to shipment the risk in the GOODs passes ________．A.from the shipper to the carrier

B.from the seller to the buyer

C.from the carrier to the shipper

D.from the buyer to the seller

When GOODs are sold prior to shipment the shipper ________．A.is not usually the party who actually suffers the subsequent loss

B.is usually the party who actually suffers the subsequent loss

C.will still be the owner of the GOODs at the time when the loss or damage occurs

D.will be responsible for the loss of or damage to the cargo he shipped

请帮忙给出每个问题的正确答案和分析，谢谢！

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

请帮忙给出每个问题的正确答案和分析，谢谢！