承运人的职责和海牙规则.doc

05.2 承运人的责任与海牙规则目录51051_ cargoes chargeable at the same rate, part of one ton shall be taken as one ton. A. At B. For C. On D. AboutKEY: B对于按同一费率收费的货物，不足一吨算作一吨。1052_ is entitled to enter into, with a shipper, 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.同原题库3855A. A carrier B. A consignee C. A consigner D. A receiverKEY: A承运人有权就有关承运人或船舶或与货物海上运输有关的货物保管，照管和在装货之前和之后卸货的损失或损坏的责任与义务和托运人签定协议，约定，条件，保留和豁免。1053_ loading has not been completed, the Charterer is entitled to delay the vessels sailing until the expiration of lay time.A. As long so B. So long C. As long D. So long asKEY: D只要装货没有完成，租船人有权延迟船舶的开航直到装卸货时间期满。（是否as long as也可以）1054_ means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper.A. Charterer B. Consignee C. Consignor D. CarrierKEY: D承运人是指由其本人或以其名义与托运人订立海上货物运输合同的任何人。（汉堡规则提单定义）1055_ means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier, or any person by whom or in whose name or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage of goods by sea.A. Shipper B. Charterer C. Shipowner D. CarrierKEY: A托运人是指由其本人或以其名义或代其与承运人订立海上货物运输合同的任何人，或是由其本人或以其名义或代其将货物实际交给与海上货物运输合同有关的承运人的任何人。 （汉堡规则提单定义）同原题库38421056A right to withdraw a vessel _ the service of the Charterers failing the punctual and regular payment of the hire cannot be defeated by later tender of the hire.A. in B. before C. from D. againstKEY: C有权自未能准时和按规定支付租金的承租人处撤回船舶，即使稍后偿还的租金也无效。1057A sum of money paid by the Ship-owner to Charterer for completing loading or discharging a cargo in less time than that stipulated in Charter Party as lay-days. It is _.A. extra expenses B. dispatch money C. demurrage D. remunerationKEY: B因为完成装货或卸货时间少于合同规定的装卸货时间，由船东支付给承租人一笔钱是速谴费。1058According to SINOTIME Charter In the event of loss of time due to _, hire will not cease.A. detention of or interference with the Vessel by any authorities in consequence of legal action against, or breach of regulations by the Owners, Master, Officers or Crew-B. stoppages resulting from any breach of this Charter by the OwnersC. deviation, putting back or putting into any port other than that to which she is bound under the instructions of Charterers for any reason or for any purpose D. reasonable deviationKEY: D根据中国租船合同，万一发生的时间损失是由于合理的饶航，租金将不停止支付。1059All expenses of Cargo-handling are to be for Charterers account.A. to be accounted for the Charterers B. to be paid for the CharterersC. to be handled for the Charterers D. to be paid by the CharterersKEY: D货物装卸的所有费用由承租人支付。 For charterers account 记在承租人帐上1060By the time charter, a Shipowner agrees to place his vessel at the disposal of a Charterer for _.A. a period B. a trip C. a voyage D. a journeyKEY: A对于定期租船契约，船东同意在一段时间里由承租人来支配他的船舶。 1061C/P means: Charter-Party that is made between _.A. the Charterer and the Party B. the Charterer and the Ship-ownerC. the Charterer and the Cargo-owner D. the Charterer and the ShipperKEY: B租船合同由承租人和船东签定。1062Cargo on deck, plants and live animals are usually received, handled, carried, kept and discharged at _.A. Carriers risk B. Owners risk C. Merchants risk D. Charterers riskKEY: C甲板货，植物和活动物通常其接受，操作，运输，保存和卸货由货主承担风险。1063Charter-party usually contains a clause states that payment must be made in cash without discount every 30 days in advance, and that in default of payment the ship-owners have the right to _ the vessel from the Charterers service.A. send B. withdraw C. let go D. take offKEY: B租约通常包含一个条款规定租金必须每30天提前用不打折扣的现金支付，若没有支付则船东有权从承租人处撤回船舶。1064If the Charterer loads or discharges the vessel in a shorter time than is allowed to him by the lay days, he may be entitled to _.A. demurrage B. despatch money C. the payment for damage of detention D. the payment for quick despachKEY: B假如承租人装货或卸货所用的时间少于租约允许的装卸货时间，则他有权获得速谴费。1065If the Charterer sends a vessel to an unsafe port, and she is damaged as a result, he will have to indemnify the _A. Receiver B. Cargo owner C. Ship-owner D. Merchant 同原题库3349KEY: C如果承租人派船到一个不安全的港口，而结果她遭损害，则承租人将必须赔偿船东。1066If the ship is delayed by reason of Charterers failure to name a port, _ will be liable for the damages.A. the owner B. the Charterer C. the shipper D. the carrier 同原题库3339KEY: B假如船舶由于承租人的疏忽指定港口而延迟，承租人将负责损害。1067If the Ship-owner agrees to the voyage originally ordered by the Charterer, he is entitled to be paid hire _ for the excess period.A. at a higher rate decided by the owner B. at a lower rate decided by the chartererC. at a reasonable rate D. at the current market rateKEY: D假如船东同意航次的初始通过承租人安排，则超过期限的他有权以市场费率获得租金1068If the Ship-owner has failed to carry out a term of a time charter-party whereby he undertakes to maintain the vessel in a seaworthy state, this only _ the Charterer to sue him for damages, and not to repudiate the charter-party.A. complies B. entitles C. supplies D. providesKEY: B假如船东未能履行其在定期租船合同中所承诺的保证船舶适航这一条款，这仅授权承租人向其索赔损失但不能取消该租约1069If the Ship-owner makes an innocent misrepresentation which induces the Charterer to sign the contract, the Charterer may be entitled to _ the charter-party.A. rescind-废除，取消 B. change-改变，变革，改造，兑换 C. alter-变更，改变，变动 D. amend-改正，修改KEY: A如果船东制造无辜误述引导承租人签署租约，则承租人有权废除租约。1070If the Shipowner proves that prima facie the cause of damage was excepted, the burden of proof shifts to _.A. the Ship-owner B. the shipper C. the Charterer D. the carrierKEY: B如果船东证明了初步的损坏原因被免责，则举证的责任转移给了托运人。1071If the vessel does not arrive by the canceling date，and the Charterer _ expenses, these expenses can be claimed by him from the Ship-owner where they are in the reasonable contemplation of the parties.A. occurs-发生，出现B. incurs-招致，惹起 C. discus-铁饼，掷铁饼 D. recurs-复发，重现，再来KEY: B假如船舶在解约日前没有到达，且承租人招致了费用的开支，假如各方均有合理的预期的话，这些开支的费用可以向船东索赔。1072If the vessel is not discharged in the time stipulated in the charter-party, the Charterer renders _ liable to pay demurrage or damages for detention, as the case may be.同原题库3324A. himself B. the owner C. him D. the shipperKEY: A假如船舶没有在租约规定的时间被及时卸货，根据具体情况，承租人自己则有义务支付滞期费或延迟的损害。1073In modern times, the work of stowage is generally deputed to stevedores, but that does not generally relieve the ship-owners _ their duties even though the stevedores are, under the charter-party, to be appointed by the Charterers.A. to B. by C. in D. of 同原题库3292KEY: D在现代，积载工作通常被委托给装卸工人，但不免除船东的责任即使在租船契约下，装卸工人由承租人指定。1074It is not the Charterers duty that _.A. he must procure a cargo and bring it alongside the vessel B. he must load a full and complete cargoC. he must load in the time stipulated D. he must have the vessel tightly secured to the quay where the loading is to take placeKEY: D装货时必须让船安全，牢靠地系泊码头不是承租人的责任。1075Should it appear that war or blockade would prevent the vessel from safely reaching the port of destination and/or discharging the goods thereat, the Carrier _.A. is entitled to discharge the goods at the port of loading or any other safe and convenient place and terminate the contract of carriageB. is not entitled to terminate the contract of carriageC. is not entitled to claim against the shipper or charterer any damage that he will suffer with the cargo on boardD. is entitled to claim freight with the cargo on boardKEY: A假如出现战争或封锁阻止船舶安全抵达目的港和/或到那卸货，则船东有权将货物卸在装货港或任何其他安全和方便的地方并终止运输合同。1076That the Ship-owner has broken a condition precedent will _ the Charterer from the liability to provide a cargo.A. discharge B. pertain C. retain D. remainKEY: A船东违反了先决条件将使承租人免除提供货物的责任。1077The basic shipping paper that forms an agreement between a ship-owner and a charterer is a _.A. Cargo Declaration B. Charter Commission C. Charter Party D. Letter of IntentKEY: C在船东和承租人之间一份协议的货运文件是租船合同。1078The cargo must be loaded within the time stipulated by the charter-party, otherwise the Charterer will have to pay _.A. despatch B. demurrage C. detention D. damageKEY: B货物必须在契约规定的时间内被装船，否则承租人将必须支付滞期费。1079The carrier is the owner or Charterer who enters into a contract with _.A. the consignee B. the cargo owner C. the shipper D. the consignorKEY: C承运人是与托运人签定合同的船东或承租人。1080The cesser clause mainly purports to relieve _ from paying demurrage.A. the Ship-owner B. the carrier C. the shipper D. the ChartererKEY: D（租船契约上的）责任终止条款主要表明解除承租人支付滞期费。1081The Charterer is entitled to the benefit of the excepted perils during the transit of the goods from storing place to the actual place of loading, provided such transit substantially _ part of the operation of loading.A. has the form of a B. forms C. is in the form of a D. is to form aKEY: B将货物从储存处转移实际装船处的过程中，承租人有权享受除外风险的待遇，倘若这种转移充分地构成装货操纵的一部分。1082The Charterers to have option of using Owners bunker contracts. This sentence indicates that_. A. The Charterers should sing new bunker contract with oil chandlersB. The Charterers can use the bunker contracts signed by the Owners with oil chandlersC. The Charterers shall not sign bunker contracts with oil chandlersD. The Charterers shall sign bunker contracts with oil chandlersKEY: B承租人拥有使用船东燃料合同的选择权。本句说明承运人可以使用由船东和燃油供应商签署的燃油合同。1083The consignees refusal to take delivery, or failure to do so within a reasonable time, also puts an end to _ liability as a carrier.A. the Ship-owners B. the Charterers C. the Ship-owners D. the cargo ownersKEY: A收货人拒绝收货或未能在合理的时间内收货，同样结束船东作为承运人的责任。1084The fact that it has become impossible to procure a cargo _, as a rule, relieve the Charterer of liability.A. is not B. is C. does not D. can hardly beKEY: C作为一个规则，无法取得货物这一事实并不能免除承租人的责任。1085The final inspection responsibility for seeing that a tank barge is provided with the required equipment and fittings in good and serviceable condition prior to loading cargo rests with the _.A. terminal operator B. owner of the bargeC. tankerman or person in charge of loading D. charterer through the Master of the towing vesselKEY: C在装货之前，最后检查油驳按要求配备的设备和装置的良好状态和可用情况的责任由油船船员或负责装货的人员负责。1086The fixing of a canceling date on a charter-party merely _ warning to the Ship-owner that non-arrival by this date may result so as to entitle the Charterer to rescind.A. takes B. comes C. goes D. givesKEY: D租约中解约日的确定仅仅给船东一个在这日期内无法到达可能引起以致让承租人有资格废止合同的警告。1087The importance of the distinction between a charter by demise and a charter party proper _ that under the former the master is the agent of the Charterer, not of the Ship-owner.同原题库3116A. has B. have C. is D. areKEY: C光船租赁合同和严格意义上的租船合同之间的重要区别是在前者条件下的船长是承租人的代理人而不是船东的代理人。1088The master may bind the Ship-owner or Charterer _ doing such things as are necessary on the part of the one or of the other to carry out the contract.A. with B. for C. by D. toKEY: C船长可以利用自己代表一方或另一方从事履行合同所必须的行为而使船东或承租人受到约束。1089The masters authority to act in the interests of the cargo owner is part of his general authority as servant of the Ship-owner, and therefore _ will be liable if the master abuses his powers.A. the Charterer B. the Ship-owner C. the shipper D. the cargo ownerKEY: B船长作为船东的雇员其在为了货主的利益中行使权利是他全部权利中的一部分，因此假如船长滥用权利则船东有责任。1090The owner is not at liberty to leave the port of call as soon as the time specified in the charter-party has elapsed, though the Charterer may, if the contract so provides, be liable to compensate _ for the delay.A. the shipper B. the owner C. the consignor D. the consigneeKEY: B船东没有一旦租约规定的租期届满就随意离开挂靠港的自由，不过承租人可能倾向于为延时而给船东补偿，假如契约这样规定的话。1091The right to limit liability in connection with the ship _ also extended to Charterers and any person interested in or in possession of the vessel and, in particular, any manager or operator of her.A. has B. takes C. is D. makesKEY: C与船舶有关的责任限制权力也被延伸到承租人和任何与船舶有利益关系的或拥有船舶的个人，尤其是她的任何管理或操作者。1092The S.S. Hollowpoint has a charter party in which the charterer assumes no responsibility for the operation of the vessel but pays stevedoring expenses. What is the name of the charter party?A. Bareboat-光船 B. Dispatch-提前退租，（租船合同规定的）装卸船时间 C. Voyage D. Demise-转让KEY: C Hollowpoint轮有一个承租人对船舶的操作没有责任但支付装卸货费用的契约。契约叫什么？航次租船契约1093The Ship-owner must not stow goods on deck _ there is a trade usage to that effect or the Charterer has given his express or implied consent.A. whether B. if C. unless D. thatKEY: C船东不可将货物装在甲板上除非有这样的运输惯例或租船人有明示或暗示同意这样做。1094The shipper is deemed to have guaranteed the accuracy at the time of shipment of the quantity and weight as furnished by him, and must indemnify _ against all losses, damages and expenses arising from the inaccuracies in such particulars.A. the Charterer B. the Ship-owner C. the merchant D. the shi