材料:The fact that the GOODs were damaged raises a prima facie case of negligence which ca

题目

材料:

The fact that the GOODs were damaged raises a prima facie case of negligence which can only be cleared by the carrier by showing what actually occurred. For example,a ship carried grain on MS Great Lakes to a port where it was stored aboard the ship under a special storage contract for 22 days after which it was discovered to be wet.Rough weather during the voyage was alleged but the Court insisted on strict proof of how and when the rough weather caused the wetting.

Therefore,to rebut the presumption of fault when relying upon its own reasonable care,the carrier must further prove that the damage was caused by something other than its own negligence.Once the shipper establishes a prima facie case,under“the policy of the law”the carrier must“explain what took place or suffer the consequences”.The law casts upon the carrier the burden of the loss which it cannot explain or,explaining,bring within the exception case in which he is relieved from liability.

问题:

The best title of this passage is ______.

A.The liabilities on the part of the carrier and shipper

B.Loss of and damage to cargoes

C.The burden of proof on the part of the shipper

D.The burden of proof on the part of the carrier

It is concluded from this passage that MS Great Lakes ______.A.was liable for the wet damage if it could not prove how and when the rough weather caused the wetting

B.was liable for the wet damage even it could prove how and when the rough weather caused the wetting

C.was liable for the wet damage even it could not prove how and when the rough weather caused the wetting

D.was not liable for the wet damage if it could not prove how and when the rough weather caused the wetting

According to this passage,_______.A.If a carrier cannot bring the reason of the loss into the exception case in which he is relieved from liability,he is liable for the loss

B.Even a carrier can bring the reason of the loss into the exception case in which he is relieved from liability,he is still held liable for the loss by the court

C.Should a carrier bring the reason of the loss into the exception case in which he is relieved from liability,he could be held liable for the loss by the court

D.Should a carrier not bring the reason of the loss into the exception case in which he is relieved from liability,he could not be held liable for the loss by the court

The prima facie case of negligence in this passage refers to the one in which ______.A.a presumption of fault was made on the part of the carrier

B.a presumption of fault was made on the part of the shipper

C.a reasonable care was used by the carrier

D.a reasonable care was used by the shipper

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