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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's part．
Most more recent decisions and authors，however，uphold the view that，in general，the carrier may rebut the claimant'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'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

试题出自试卷《航海英语(甲类船长)阅读理解专题练习(1)》

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If third party liabilities or expenses is involved in a claim for loss，the Insured shall ______．
- A.transfer all necessary documents to the third party
- B.assist the Insurer in pursuing recovery against the third party
- C.obtain prior agreement of the third party in determining the liabilities and expenses in respect of the insured vessel
- D.ask the third party to accept abandonment
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“Third party”in the last paragraph of this passage refers to ______．
- A.the Insurer
- B.the Insured
- C.any party other than the Insurer and the Insured
- D.either the Insurer or the Insured
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The word“abandonment”in the second paragraph of this passage means ______．
- A.“giving up the hope to rescue the insured ship”
- B.“leaving the sinking ship”
- C.“discharging the Insurer's liability for the insured ship”
- D.“giving the ownership of the insured vessel to the Insurer”
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It appears that ________ was not a factor contributing to the collision．
- A.The inability of the yacht skipper to use radar effectively
- B.Acceptance by the master of the container ship of a small passing distance
- C.Over-confidence in the accuracy of ARPA by the master of the container ship
- D.lack guidance to assist in determining a safe speed in restricted visibility
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It can be concluded that ________ failed to keep an effective radar lookout．
- A.P&O Nedlloyd Vespucci
- B.Wahkuna
- C.both P&O Nedlloyd Vespucci and Wahkuna
- D.neither P&O Nedlloyd Vespucci nor Wahkuna
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材料：
Immediately upon receipt of advice of any accident or loss to the insured vessel，it is the duty of the Insured to give notice to the Insurer within 48 hours，and if the vessel is abroad，to the Insurer's nearest agent immediately，and to take all reasonable measures for the purpose of averting or minimizing a loss which would be recoverable under this insurance．Measures taken by the Insured or the Insurer with the object of averting or minimizing a loss which would be recoverable under this insurance shall not be considered as waiver or acceptance of abandonment or otherwise prejudice the rights of either party．
The Insured shall obtain prior agreement of the Insurer in determining the liabilities and expenses in respect of the insured vessel．
In submitting a claim for loss，the Insured shall transfer to the Insurer all necessary documents，and assist him in pursuing recovery against the third party in case of third party liabilities or expenses being involved.
问题：
Which are the duties of the Insured upon receipt of advice of any accident or loss to the insured vessel ___________．
I．To take all reasonable measures for the purpose of averting or minimizing a loss insured against；
II．To give notice to the Insurer within 48 hours；
III．To obtain prior agreement of the Insurer in determining the measures to be taken for the purpose of minimizing a loss insured against．
- A.I，II and III
- B.I and II
- C.I and III
- D.II and III
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The bridge resource management on board P&O Nedlloyd Vespucci ________．
- A.was efficient
- B.was poor
- C.was too strict comparing with other ships
- D.could not be determined if efficient or poor
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材料：
- At 1100 UTC on 28 May 2003，the container vessel P&O Nedlloyd Vespucci and the yacht Wahkuna collided in the English Channel in poor visibility．
- Each vessel had detected the other by radar when at a range of about 6 miles．The container ship was on a course of 255°（T）at a speed of 25 knots．The yacht was on the port bow of the container ship on a course of 012°（C）at a speed of 7.5 knots，and was due
- In the situation referred to in this massage，the speed of P&O Nedlloyd Vespucci ________．
- A.was too fast
- B.was too slow
- C.was a safe one
- D.could not be determined if safe or not
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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
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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
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