Chapter 21 Self-test questions

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

Act of God.

Inherent vice.

Taking reasonable care.

Action of public enemies.

. 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.

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

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.

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.

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

. 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.

The carriage must be from one contracting state to another

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

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

. 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.

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.

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

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

. 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.'

False

True

. 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.

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.

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.

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.

. 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.

. 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.

. 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

False

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