* not completed

. At common law a common carrier has which of the following defences? Please select all that apply.

Act of God. correct incorrect

Inherent vice. correct incorrect

Taking reasonable care. correct incorrect

Action of public enemies. correct incorrect

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. Which of the following is a correct statement in respect of the duty at common law to provide a seaworthy ship?

The duty to provide a seaworthy ship is an absolute obligation which means that the carrier cannot contract out of it. correct incorrect

The duty to provide a seaworthy ship is an absolute obligation which means that the carrier cannot employ sub-contractors. correct incorrect

The duty to provide a seaworthy ship is an absolute obligation which means that the carrier must take extra care before the ship sets sail. correct incorrect

The duty to provide a seaworthy ship is an absolute obligation which means that if the ship is unseaworthy the carrier cannot avoid liability by showing he took reasonable care or that the fault lay with an independent sub-contractor. correct incorrect

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. The Hague Visby Rules were introduced into English law by the Carriage of Goods by Sea Act ___.

Your response

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. Which of the following conditions must be satisfied for the Hague Visby Rules to apply automatically to a contract of carriage? Please select all that apply.

The goods must be covered by a bill of lading. correct incorrect

The carriage must be from one contracting state to another correct incorrect

The bill of lading must be issued in a contracting state or the goods must be carried from a port in a contracting state correct incorrect

The goods must not be exceptional nor live animals nor carried on deck with the specific agreement of the parties. correct incorrect

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. Which of the following statements are incorrect? Please select all that apply.

Under the Hague Visby Rules, a carrier who negligently crushes goods already stowed, by loading other goods on top of them commits a breach of the duty to provide a seaworthy ship. correct incorrect

The carrier's duty of due diligence to provide a seaworthy ship simply means he must use all reasonable care to ensure the ship is seaworthy. correct incorrect

The burden of proof to show the carrier's lack of due diligence in relation to seaworthiness is on the shipper. correct incorrect

The burden of proving lack of seaworthiness is on the shipper. correct incorrect

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. Is the following statement true or false? 'It is clear that a carrier can rely on the excluded causes of loss in Art IV r2 only once he has proved that he exercised due diligence.'

True correct incorrect

False correct incorrect

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. Which of the following statements is correct?

The carrier need not issue a bill of lading, complying with the Hague Visby Rules Art III r3. correct incorrect

The inclusion of expressions such as ''weight and condition unknown' when describing the goods on a bill of lading will be ignored by the courts. correct incorrect

If a carrier states on a bill of lading that the goods were 'loaded in apparent good order and condition', this is a warranty of the condition of the goods. correct incorrect

A bill of lading can only be 'claused' if any competent person would have concluded that the goods were not in good order and condition. correct incorrect

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. The Hague Visby Rules, Art IV r2 excludes loss or damage caused by '[a]ct, neglect, or default of …the crew in management of the ___' but not where the act, etc relates to management of the goods.

Your response

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. Under the Hague Visby Rules an action against the carrier must be commenced within ___ year of the date of delivery or the date when the goods ought to have been delivered. Any actions commenced after this date are time barred.

Your response

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. Is the following statement true or false? 'A third party to the contract of carriage can nevertheless take advantage of the protections afforded by that contract to the carrier.'

True correct incorrect

False correct incorrect