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课程负责人
 
王 衡
西南政法大学
国际法学院教授
西南政法大学研究生导师,法学博士、国际投资与金融法律研究中心副主任。兼任(以时间为序)(世界)国际经济法协会常务理事、亚洲国际经济法网络常务理事、中国国际经济法学会理事、中国法学会国际经济法学研究会理事、西班牙马德里仲裁院仲裁员、国际可持续发展研究院董事等职。(更多
 
 
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运输保险法成案试卷二
 

西南政法大学试卷(B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 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

 

 

核分人

题满分

12

8

20

60

 

 

 

 

 

 

 

 

 

 

 

 

 

 

       

 

 

 

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. Multimodal Transport Document can serve as______.
  A. the evidence of multimodal transport contract
  B. the receipt of the goods by the MTO
  C. the evidence of sales contract
  D. the evidence of the conformity of the goods with the sales contract


2. Insurance policy is functioned as_____.
  A. evidence of insurance contract
  B. grounds for claims
  C. grounds for indemnity
  D. receipt of premium

3. If the insured has insured the subject matter on the basis of All Risks, which of the following loss will not be indemnified by the insurer?_____
  A. loss caused by rain
  B. loss caused by war
  C. loss caused by strike
  D. loss caused by stealth
 
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 warehouseman is not a bailee. (   )

 

 

2. A warehouse receipt is the contract for storage. (   )

 

 

 

 
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 are the functions of the bill of lading?

 

 

 


2.Please analyze total loss in detail.

 

 

 

 

$$分页$$


四、Case Analysis.(本大题共 3小题,每小题 20分,共 60 分)
Case 1.
Facts:
  In 2000, China Xiaxin Import and Export Corporation entrusted Fanrong Foreign Trade Transportation Corporation to export 750 crates of tea from Dalian Port to India. Fanrong subentrusted its subsidiary S Company with the business. Then S ordered the shipping space from Sigment Ocean Shipping Company, which issued the clean L/B thereafter. Xiaxin insured the goods against war risk and all risks with People’s Insurance Company of China. After the arrival, the consignee found that some of tea was in string flavour or metamorphism. After the inspection, it was confirmed that 250 crates of tea were polluted. People’s Insurance Company of China paid the damages of the consignee, and sued in China.

Questions:
(1)What kind of responsibility should Sigment Ocean Shipping Company take in container service? Should it be responsible for the losses?
(2)What kind of responsibility should S take in container service? Should it be responsible for the losses?
(3)Was the insurance company the proper plaintiff? Why?
(4)If the insurance company has the right to sue, whom should it sue?

 

 

 


Case 2.
Facts:
  Freighter A shipped from Port of Tianjin to Singapore. In transit, the cargo hold got fired and spread to the cabin. The freighter shipped water and quelled the fire successfully. But the freighter was seriously damaged, and failed to move on. So the captain hired a tugboat to tug the freighter back to Port of Tianjin to have it fixed. The losses incurred by the accident include: (1) 1,000 crates of cargo were burned down; (2) 600 crates of cargo were wetted; (3) part of the freighter was burned out; (4) tugging charges; (5) additional fuels and wages.

Questions:
What kind of loss were there? Why?

 

 

 


Case 3.
Facts:
  On October 20, 1999, Northchina ordered 52,500 tons of feedstuff from Jinding, Singapore, CFR Shanghai. Northchina issued L/C, stipulating shipping period shall be from January 1 to January 10, 2000. But Jinding didn’t finish the shipment until January 20. After having received the Letter of Indemnity from Jingding, the carrier issued the B/L in perfect compliance with the terms of the L/C. In transit, the ship caught fire and some feedstuff was burn down. During the firefighting, some more feedstuff got wet. Because the delay of shipment, the price of feedstuff dropped greatly when the ship arrived at Shanghai Port. Northchina had to sell the feedstuff at a lower price and suffered great losses.

Questions:
(1) How to classify the losses of burned feedstuff? Who should be responsible for the losses? Why?
(2) How to classify the losses of wetted feedstuff? Who should be responsible for the losses? Why?
(3) Could Northchina claim against the carrier for the losses resulting from the decrease of price of feedstuff? Why?
(4) Could the carrier claim against Jingding for the compensation? Why? 



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