365备用线路检测试卷（A卷）

2005-2006学年第一学期

 

  课程国际贸易法成案分析（双语）（原课程名：外贸运输与保险）

  专业国际经济与贸易法学专业   年级2003

本试卷共  6  页，满分100分；考试时间： 120   分钟；考试方式：闭卷

 

题  号	一	二	三	四	五	六	七	总 分	核分人
题满分	12	8	20	60				100
得  分

 

 

 

 

 

一、Fill in each blanket with a proper answer.There are at least two right answers in each blanket.(本大题共 3 小题，每小题 4 分，共 12 分)

1. A bill of lading is a______.
  A. receipt
  B. contract
  C. document of title
  D. all of the above

2. In accordance with Article 4 of Hague Rules, carrier shall not be responsible for loss or damage arising or resulting from______.
  A. act of god
  B. perils of sea
  C. act of war
  D. mariner’s omission in the loading of cargo

3. According to Montreal Convention, an action for damages must be brought, at the option of the plaintiff, in the territory of one of the States Parties, before______.
  A. the court of the domicile of the carrier
  B. the court of its principal place of business
  C. the court where it has a place of business through which the contract has been made
  D. the court at the place of destination
 
二、 True or False，and analysis the reasons.(本大题共 2小题，每小题 4 分，共 8 分)

1. A carrier is a bailee who transports goods. （   ）

 

 

 

 

 

2. The trade term “FOB” stands for “Fresh off the Boat”. （   ）

 

 

 

 
三、Please answer the following questions in English.（本大题共 2 小题，每小题 10 分，共 20 分）

1．What is the meaning of “seaworthiness of a ship”?

 

 

 

2．What is the meaning of “ force majeure”?

 

 

$$分页$$

 
四、Case Analysis.（本大题共 3小题，每小题 20分，共 60 分）

Case 1.
Facts:
  Simon agreed to sell 1000 tons of potatoes to Barry. In this case a set of three Bills of Lading numbered 1, 2 and 3 respectively were issued to “Simon or assigns”. Simon indorses the Bill numbered 1 in favor of Barry and Barry pays Simon.
  Simon makes a mistake and agrees to sell the same goods to Claudia. Simon gives her the Bills numbered 2 and 3.
  Claudia knows nothing of the prior sale to Barry.

Questions:
(1) Would the carrier have to release the goods to Claudia if she presented the Bill numbered 2?
(2) If the carrier did release the goods to Claudia could Barry sue the carrier?

 

 

 

 

Case 2.
Facts:
  Ronta ordered 800 color TV sets from Fuji Electric in Japan, $600 per set, CIF Ningbo, shipped at Nagasaki Port by June 30, 2000. The goods were shipped on June 30, 2000 with outer packing seriously damaged.  Fuji Electric issued letter of indemnity for quality guarantee. At the request of Fuji Electric, the captain issued clean B/L, which made Fuji Electric get payment from the bank. After the arrival, Rongta found that the cartons were damaged seriously. The shipping company presented the clean B/L, arguing that Fuji Electric should be responsible for the damages.

Questions:
(1) Should the shipping company be responsible for the damages? Why?
(2) Should Fuji Electric be responsible for the damages? Why?
(3) Should the insurance company be responsible for the damages? Why?
(4) How to recover the losses of Ronta?

 

 

 

Case 3.
Facts:
  “The Chinese star” ship, which belonged to A company in Dalian, left Dalian Port on October 1, 2001 with B’s corns, to New York Port. Before and during the voyage, the carrier had cautiously performed the duty of insuring the ship suitable for voyage. At Guangzhou Port, the ship was loaded with. After loading and before sailing, the ship got a fire due to a sailor’s casual reparation. Cargoes of B’ and C’ all damaged.

 

 

Questions:
If the applicable law is Chinese law,
(1)Whether A should compensate for B’s loss?
(2)Whether A should compensate for C’s loss, why?