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'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 ________.
If third party liabilities or expenses is involved in a claim for loss,the Insured shall ______.
“Third party”in the last paragraph of this passage refers to ______.
The word“abandonment”in the second paragraph of this passage means ______.
It appears that ________ was not a factor contributing to the collision.
It can be concluded that ________ failed to keep an effective radar lookout.
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.
The bridge resource management on board P&O Nedlloyd Vespucci ________.
材料:
It is inferred that this passage prepared to protect the interests of ________.
It is implied in the passage that ________.
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