Exam 6: Legal Issues in International Transportation

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A consignee can prove a shortage by showing that the quantity of the cargo unloaded at the destination is less than that listed on the bill of lading.

(True/False)
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A policy that is "free of particular average" is one that will not cover any partial and average losses.

(True/False)
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An Inchmaree clause in a marine insurance policy provides coverage to a cargo owner when a loss is due to an error in navigation or management of the ship.

(True/False)
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A provision in a bill of lading that extends the protection of the Hague Rules to stevedores is known as a Himalaya Clause.

(True/False)
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The law of general average is found in the Hague Rules permits a captain of a vessel to take timely action to avoid a disaster and claim average damages.

(True/False)
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Ocean carriers are liable if cargo is damaged as a result of the ship being taken over by pirates,if the seizure or damage was foreseeable and the carrier failed to take necessary preventive measures.

(True/False)
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Draft a sample of bill of lading,ensuring that you have addressed the concerns in Z.K.Marine.

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An air waybill:

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In order to recover for a general average claim,the claimant must prove that the ship was in imminent danger.

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The first bill passed by the U.S.Congress defining the legal liability of an ocean carrier for the care of its cargo was:

(Multiple Choice)
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Carriers are liable for damages equal to the value of the goods regardless of how their value is stated on the bill of lading.

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Clean bill of lading is a carrier's guarantee,or warranty,of the condition of the goods it has delivered.

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The proposed Rotterdam Rules differ from the Hague Rules in all of the following except:

(Multiple Choice)
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An ocean carrier is liable for its failure to use due diligence in providing a seaworthy ship at the beginning of the voyage.

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Where the shipper fails to declare the value of the shipment on a clean bill of lading and the carrier has knowledge of the true value and does not advise the shipper to declare the value so,in the U.S.the carrier's liability will be unlimited liability per package.

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If A's ocean cargo is thrown overboard in order to save a sinking ship and B's cargo is saved as a result,B must contribute to A for the loss.

(True/False)
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Weigh the merits and shortcomings of the Montreal Convention.

(Essay)
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In J.Gerber & Co.v.SS Sabine Howaldt,a lawsuit brought by the owner of cargo (steel products)against an ocean carrier for damage to the cargo caused by sea water and moisture,the court ruled that:

(Multiple Choice)
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Himalaya Clauses in bills of lading:

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The U.S.law that governs the liability of an ocean carrier for transporting goods from one U.S.port to a foreign port is:

(Multiple Choice)
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