It is concluded ________ that only the shipper and the carrier have the right to take action against one another under the contract of carriage.
When GOODs are sold prior to shipment the shipper ________.
When GOODs are sold prior to shipment the risk in the GOODs passes ________.
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'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 ________.
It is implied in the passage that ________.
It is inferred that ________.
材料:
Coastal conditions
The area described in the volume presents the mariner with a generally adverse combination of navigational factors which are outline below.
Local Topography.The Dover Strait is shallow and only is 18 miles wide at its narrowest point.Passage through the strait is further constricted by a series of narrow banks,running NE-SW.The seabed is also littered with wrecks.
Natural Conditions.There are strong tidal streams in the strait.Sea level may differ from that predicted and in particular may be lower than expected due to negative tidal surges.The area is also subject to gales and poor visibility.
Risk of Collision.There is a high risk of collision caused by the density of vessel traffic on passage through the strait,including deep-draught vessels,and crossing traffic,including ferries and high speed craft.
Mine danger areaThere are two areas off the N coast of France,which remain dangerous because of mines lied in the war of 1939-1945.Due to the lapse of time the risk to surface navigation is now considered to be no more dangerous than that the ordinary risks of navigation but a very real risk still exists with regard to anchoring,fishing or any form. submarine or seabed activity.
问题:
The crossing traffic in the Dover Strait is probably running ________.
According to the passage,the risk of collision in the Dover Strait is caused by ________.
It was the ________ that had prevented the locking cleats at the flight deck(weather deck)engaging.
It is implied in the passage that ________.
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