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Question 1International Trade and Export Transactions
Under Incoterms 2020, which term requires the seller to clear the goods for export and to contract for carriage to the named destination, while the buyer bears the risk of loss once the goods are on board the vessel?
- FCA
- DAP
- EXW
- CFR Correct answer.
Explanation
CFR (Cost and Freight) obliges the seller to clear goods for export and pay freight to the named port, but risk passes to the buyer when goods are on board. FCA and EXW place no carriage obligation on the seller, and DAP passes risk at destination arrival, not on board.
Question 2International Trade and Export Transactions
A UK exporter agrees a sale on FOB terms and discovers the buyer's nominated vessel arrives late, causing storage charges at the port. Under Incoterms 2020, who normally bears these charges?
- The seller, because FOB makes the seller responsible for all costs until loading is completed
- The buyer, because risk passes when goods are placed on board and the delay is attributable to the buyer's nominated vessel Correct answer.
- Both parties equally, because FOB splits port costs down the middle
- The freight forwarder, because it arranged the nomination of the vessel
Explanation
Under FOB the seller delivers by placing goods on board the nominated vessel, and risk passes at that point. Where the buyer's vessel arrives late, the resulting storage costs generally fall on the buyer, provided the goods were duly appropriated to the contract.
Question 3International Trade and Export Transactions
Which document issued by a carrier acknowledges receipt of goods for shipment and evidences the contract of carriage, but is not a document of title?
- Warehouse receipt
- Sea waybill Correct answer.
- Certificate of origin
- Bill of lading
Explanation
A sea waybill is a non-negotiable transport document confirming receipt and the carriage contract but does not confer title, so goods are released to the named consignee. A bill of lading, by contrast, can be a document of title.
Question 4International Trade and Export Transactions
An exporter holds a bill of lading made out "to order" and wishes to transfer title to the buyer. What is the standard method of doing so?
- The exporter endorses the bill of lading and delivers it to the buyer Correct answer.
- The exporter sends a copy by email without endorsement
- The carrier reissues the bill in the buyer's name only
- The buyer presents the bill to customs for stamping
Explanation
An order bill of lading is transferred by endorsement by the holder followed by delivery of the document. Endorsement plus delivery is what passes the constructive possession that makes the bill negotiable.
Question 5International Trade and Export Transactions
In a documentary credit transaction, which party gives the undertaking to pay the beneficiary against complying documents?
- The issuing bank Correct answer.
- The advising bank
- The nominated freight forwarder
- The applicant
Explanation
The issuing bank is the party that undertakes to honour a presentation of complying documents under a documentary credit. The advising bank merely authenticates and advises the credit unless it separately confirms it.
Question 6International Trade and Export Transactions
Under UCP 600, banks examine a presentation and must give notice of refusal. Within how many banking days following the day of presentation must the issuing bank examine and determine whether to refuse?
- Two banking days
- Five banking days Correct answer.
- Thirty calendar days
- Ten banking days
Explanation
UCP 600 Article 14(b) gives the issuing bank a maximum of five banking days following the day of presentation to examine the documents and determine whether they comply. This is a maximum, not a fixed period, and examination must be reasonable.
Question 7International Trade and Export Transactions
A credit is issued subject to UCP 600 and calls for a full set of "clean on board" bills of lading. Which statement best describes the effect of the word "clean"?
- The bill must confirm that freight has been prepaid
- The bill must show the goods were inspected before loading
- The bill must be issued by a named carrier rather than a freight forwarder
- The bill must bear no clause declaring a defective condition of the goods or packaging Correct answer.
Explanation
A clean transport document bears no clause or notation expressly declaring a defective condition of the goods or their packaging. It says nothing about prepaid freight, carrier identity, or pre-shipment inspection.
Question 8International Trade and Export Transactions
Which payment method gives an exporter the greatest security where the buyer's creditworthiness is uncertain and the exporter wants a bank undertaking rather than a mere promise to pay?
- Advance payment by cheque
- Documentary collection against documents
- Open account
- Irrevocable confirmed documentary credit Correct answer.
Explanation
An irrevocable confirmed documentary credit gives the exporter a bank undertaking, reinforced by a second bank if confirmed. Open account and collections rely on the buyer's willingness and ability to pay, and a cheque is not a bank undertaking of equivalent strength.
Question 9International Trade and Export Transactions
An exporter ships under a documentary collection on D/P terms. What happens when the buyer refuses to pay on first presentation?
- The collecting bank retains the documents and does not release them to the buyer Correct answer.
- The collecting bank must release the documents and sue the buyer for the price
- The remitting bank automatically converts the collection to a credit
- The carrier must return the goods to the exporter at the buyer's cost
Explanation
Under documents against payment, the collecting bank releases documents only against payment, so a refusal to pay means the documents are withheld. The bank has no duty to release goods or to convert the transaction into another payment method.
Question 10International Trade and Export Transactions
Which Incoterms 2020 rule requires the buyer to carry out import clearance formalities and pay import duties where the parties have not agreed otherwise?
- CIP places import clearance on the carrier
- FCA places import clearance on the seller
- DDP places import clearance on the seller, so among the rules it is the exception rather than the norm Correct answer.
- FOB places import clearance on the freight forwarder
Explanation
Under Incoterms 2020 the buyer normally handles import clearance and duties, and DDP is the notable exception where the seller takes on import clearance. FCA, CIP and FOB all leave import formalities with the buyer.
Question 11International Trade and Export Transactions
A seller ships goods on CIP terms under Incoterms 2020. What is the minimum insurance cover the seller must obtain?
- Institute Cargo Clauses (A) cover, i.e. all-risks level Correct answer.
- Institute Cargo Clauses (C) cover only
- No insurance, because the buyer insures under CIP
- Cover limited to 100% of freight charges
Explanation
Incoterms 2020 raised the insurance obligation under CIP to Institute Cargo Clauses (A) cover, the widest standard cover. CIF, by contrast, still requires only Clauses (C) as a minimum.
Question 12International Trade and Export Transactions
Which of the following best describes the function of a certificate of origin in an export transaction?
- It certifies that the goods conform to the buyer's technical specification
- It certifies that the carrier has taken delivery of the goods
- It certifies the country in which the goods were wholly obtained or sufficiently processed Correct answer.
- It certifies that payment has been received by the exporter
Explanation
A certificate of origin identifies the country of origin for customs, duty and preferential tariff purposes. It does not certify quality, payment, or delivery to a carrier.
Question 13International Trade and Export Transactions
An exporter wants to claim preferential tariff treatment under a bilateral trade agreement. Which document is normally required to support the claim at import?
- A valid preferential proof of origin, such as a certificate or origin declaration Correct answer.
- A commercial invoice only
- An insurance certificate
- A packing list stamped by the carrier
Explanation
Preferential tariff claims require a valid proof of origin meeting the rules of the relevant agreement, whether a certificate or an approved origin declaration. An invoice alone, a packing list, or an insurance certificate does not establish preferential origin.
Question 14International Trade and Export Transactions
Which statement about the customs value of imported goods under a transaction-value method is correct?
- Customs value is the retail price in the importing country
- The price actually paid or payable is adjusted for items such as certain commissions, assists and royalties Correct answer.
- Customs value is always the invoice price with no adjustments permitted
- Customs value is the freight cost only
Explanation
Transaction value starts from the price actually paid or payable and is adjusted for specified additions such as buying commissions excluded, selling commissions, assists, royalties and licence fees. It is not simply the unadjusted invoice figure or a domestic retail price.
Question 15International Trade and Export Transactions
Which of the following is the primary purpose of an export licence issued by a national authority?
- To certify the quality of the goods for the buyer
- To provide insurance cover for the voyage
- To authorise the export of controlled goods or technology subject to specified conditions Correct answer.
- To guarantee payment of the buyer's invoice
Explanation
An export licence is a regulatory authorisation permitting the export of controlled items, often with conditions on end use, end user or destination. It is not a payment guarantee, quality certificate or insurance document.
Question 16International Trade and Export Transactions
An exporter receives an order for dual-use goods destined for a country subject to sanctions. What is the most appropriate first step before confirming the order?
- Accept the order and rely on the buyer's written assurance of civilian use
- Ask the carrier to decide whether the shipment is permissible
- Ship the goods and disclose the transaction after export
- Screen the transaction against applicable sanctions and export control lists, including end-user checks Correct answer.
Explanation
Exporters must screen transactions against sanctions and export control lists, including end-user and end-use checks, before proceeding. Relying on the buyer's assurance, delegating the decision to a carrier, or disclosing after shipment does not discharge the exporter's legal duty.
Question 17International Trade and Export Transactions
Which risk does export credit insurance primarily address for an exporter selling on credit terms?
- Fluctuation in the exporter's production costs
- Loss or damage to cargo in transit
- Errors in customs classification
- Non-payment by the buyer due to commercial or political causes Correct answer.
Explanation
Export credit insurance protects the exporter against buyer default and specified political risks such as transfer restrictions or war. Cargo loss is covered by marine insurance, while cost fluctuation and classification errors are separate commercial or compliance risks.
Question 18International Trade and Export Transactions
A contract is governed by the CISG. Which statement about the seller's obligation to deliver conforming goods is correct?
- The seller must deliver goods of the quantity, quality and description required by the contract Correct answer.
- The seller may disclaim conformity obligations by referring to trade usage
- The seller may substitute goods of equivalent value without the buyer's consent
- The seller's only obligation is to hand the goods to the first carrier
Explanation
Under the CISG the seller must deliver goods matching the contract's quantity, quality and description and must also package them as required. Unilateral substitution or blanket disclaimers do not displace this core obligation.
Question 19International Trade and Export Transactions
Under the CISG, when does the buyer lose the right to rely on a lack of conformity of the goods?
- If the buyer resells the goods to a third party
- If the buyer fails to give notice of the lack of conformity within a reasonable time after discovering or ought to have discovered it Correct answer.
- If the buyer pays the price before inspecting the goods
- If the buyer fails to inspect the goods within exactly seven days of delivery
Explanation
The CISG requires the buyer to notify the seller of a lack of conformity within a reasonable time after discovery or constructive discovery, failing which the right to rely on it is lost. There is no fixed seven-day rule, and resale or early payment does not extinguish the notice obligation.
Question 20International Trade and Export Transactions
Which of the following best explains the role of a freight forwarder acting as an agent rather than a principal carrier?
- The forwarder takes title to the goods during transit
- The forwarder arranges carriage and related services on behalf of the shipper without assuming carrier liability Correct answer.
- The forwarder is responsible for the buyer's payment obligations
- The forwarder issues bills of lading as a carrier in every case
Explanation
When acting as an agent, a forwarder arranges transport, documentation and logistics for the shipper without taking on carrier liability for the goods. It may act as a contracting carrier in some circumstances, but that is not automatic.
Question 21International Trade and Export Transactions
An exporter is negotiating a contract and wants risk to pass only when the goods are placed at the buyer's disposal on the arriving means of transport, ready for unloading. Which Incoterms 2020 rule fits best?
- DAP
- FCA
- CFR
- DPU Correct answer.
Explanation
DPU requires the seller to deliver and unload the goods at the named destination, with risk passing when the goods are placed at the buyer's disposal ready for unloading. DAP passes risk on arrival but before unloading, and FCA and CFR transfer risk much earlier.
Question 22International Trade and Export Transactions
Which of the following is a key difference between a revocable and an irrevocable letter of credit?
- A revocable credit can be amended or cancelled by the issuing bank without the beneficiary's consent Correct answer.
- An irrevocable credit can be cancelled by the applicant at any time
- A revocable credit is always confirmed by a second bank
- An irrevocable credit does not require presentation of documents
Explanation
A revocable credit may be amended or cancelled by the issuing bank without the beneficiary's agreement, which is why it offers little security. An irrevocable credit cannot be amended or cancelled without the agreement of the relevant parties and still requires complying documents.
Question 23International Trade and Export Transactions
A beneficiary presents documents under a credit that include a bill of lading dated after the latest shipment date stated in the credit. What is the likely outcome?
- The bank must amend the credit automatically
- The bank must refer the matter to the carrier for a decision
- The presentation is discrepant and the bank may refuse it Correct answer.
- The bank must accept it because the goods were actually shipped
Explanation
A transport document dated later than the latest shipment date in the credit is a discrepancy, entitling the bank to refuse the presentation. Banks do not amend credits automatically or defer to carriers on documentary compliance.
Question 24International Trade and Export Transactions
Under Incoterms 2020, which rule places the obligation to contract for carriage and to insure the goods on the seller, with risk passing to the buyer on board the vessel?
- FAS
- EXW
- CIF Correct answer.
- FOB
Explanation
CIF requires the seller to arrange carriage and insurance to the named port, while risk passes to the buyer when the goods are on board. FOB and FAS place no insurance or carriage contract obligation on the seller, and EXW places minimal obligations on it.
Question 25International Trade and Export Transactions
An exporter is asked to provide a "bank guarantee" to secure advance payment received from a buyer. Which instrument most directly serves the buyer's need for repayment if the exporter fails to perform?
- An advance payment guarantee issued in favour of the buyer Correct answer.
- A performance bond issued in favour of the exporter
- A commercial invoice legalised by a chamber of commerce
- A marine cargo insurance policy
Explanation
An advance payment guarantee protects the buyer by allowing recovery of prepaid funds if the exporter fails to perform. A performance bond normally secures the buyer against non-performance, while insurance and legalised invoices serve different purposes.
Question 26International Trade and Export Transactions
An exporter agrees to sell goods on FCA terms under Incoterms 2020, with the named place being the seller's own warehouse. Which party is responsible for loading the goods onto the buyer's collecting vehicle at that place?
- The seller, because delivery is not complete until the goods are loaded at the named place Correct answer.
- The freight forwarder, because FCA requires a forwarder to supervise loading at the seller's premises
- The carrier nominated by the buyer, because loading is always a carrier function under FCA
- The buyer, because under FCA the buyer bears all costs and risks from the moment the vehicle arrives
Explanation
Under the FCA rule, when the named place is the seller's premises, the seller fulfils its delivery obligation by loading the goods onto the means of transport provided by the buyer. Risk passes at that point, so the loading operation and its cost fall on the seller. If the named place were a different location, the seller would instead deliver by placing the goods at the buyer's disposal ready for unloading.
Question 27International Trade and Export Transactions
An exporter holds a confirmed irrevocable documentary credit issued by a bank in the buyer's country, and the confirming bank is in the exporter's country. What does the confirmation add to the exporter's position?
- It converts the credit into a standby that pays only on presentation of a default judgment
- It transfers the credit's payment obligation entirely to the issuing bank, removing the confirming bank from the chain
- It guarantees that the underlying goods will conform to the contract specifications
- It gives the beneficiary an independent payment undertaking from the confirming bank in addition to that of the issuing bank Correct answer.
Explanation
Confirmation means the confirming bank adds its own definite undertaking to honour or negotiate a complying presentation, separate from and additional to the issuing bank's undertaking. The beneficiary therefore faces the credit risk of two banks rather than one, which is valuable when the issuing bank is in a higher-risk jurisdiction. Confirmation does not alter the documentary conditions or guarantee the goods themselves.
Question 28International Trade and Export Transactions
An exporter ships under a documentary collection and the buyer's bank has released the documents against the buyer's acceptance of a term bill of exchange rather than against payment. The buyer later fails to pay at maturity. What is the collecting bank's position?
- The collecting bank bears the loss because it granted credit to the buyer without authority
- The collecting bank is liable only if it failed to follow the exporter's instructions precisely
- The collecting bank has no payment obligation, since it acted only to present documents and obtain acceptance Correct answer.
- The collecting bank must reimburse the exporter because it released documents on acceptance
Explanation
Under collection arrangements the banks act as intermediaries handling documents and are not guarantors of the buyer's commercial or credit performance. Releasing documents against acceptance is normal where the collection instruction is documents against acceptance rather than documents against payment. The bank's exposure arises only if it acts outside, or negligently in carrying out, the principal's instructions.
Question 29International Trade and Export Transactions
An exporter and a foreign buyer conclude a contract governed by the CISG but make no express choice about the currency or place of payment. Under the Convention, where is the buyer ordinarily obliged to pay the price?
- At the buyer's place of business
- At the place where the goods were handed to the first carrier
- At the seller's place of business Correct answer.
- At the place where the contract was concluded
Explanation
Where the contract does not fix the place of payment, the CISG requires the buyer to pay at the seller's place of business. This default is displaced if the parties agree otherwise, for instance by specifying a bank account or a payment location. It reflects the Convention's approach of filling gaps with rules that protect the seller's interest in receiving the price.
Question 30International Trade and Export Transactions
An exporter is negotiating a large capital goods contract and the buyer demands a payment security that will respond to the exporter's failure to perform, is payable on the beneficiary's demand, and is issued by a bank independently of the underlying contract. Which instrument best meets that description, and what is its key legal characteristic?
- An advance payment guarantee, because it secures performance of the whole contract rather than only the repayment of an advance
- A performance bond in the form of an on-demand guarantee, because it is payable against a complying demand and is autonomous from the underlying contract Correct answer.
- A bill of exchange accepted by the buyer, because acceptance creates an autonomous bank obligation to pay on demand
- A documentary credit, because it is always independent of the underlying contract and pays against documents alone
Explanation
An on-demand performance guarantee is issued by a bank and is autonomous: the bank pays against a demand that complies with the guarantee's terms, without examining whether the exporter actually breached the underlying contract. This independence is what makes it attractive to a beneficiary seeking prompt security. It is distinct from an advance payment guarantee, which secures repayment of an advance if the seller fails to perform.
Question 31Cargo Insurance Fundamentals and Principles
Under a marine cargo policy, which principle requires the assured to disclose every material circumstance within their knowledge before the contract is concluded, even if no specific question is asked?
- The principle of utmost good faith Correct answer.
- The principle of proximate cause
- The principle of subrogation
- The principle of indemnity
Explanation
Marine insurance is a contract of utmost good faith, and the assured owes a duty to disclose all material circumstances known to them before the contract is formed. This duty operates regardless of whether the insurer asks particular questions. Subrogation, proximate cause and indemnity are separate doctrines governing recovery rather than pre-contract disclosure.
Question 32Cargo Insurance Fundamentals and Principles
A cargo policy is described as a 'valued policy'. What is the principal legal effect of that valuation?
- The sum insured is treated as conclusive evidence of the insurable value in the absence of fraud Correct answer.
- The insurer may always reopen the agreed value at the time of a total loss
- The agreed value automatically increases with market prices during the transit
- The assured must prove the actual invoice value for every partial loss claim
Explanation
In a valued policy the value fixed by the agreement is, in the absence of fraud, conclusive evidence of the insurable value of the subject matter. This removes the need to prove value at the time of loss. The agreed figure is not automatically adjusted for market movements and does not shift the burden of proof onto the assured for partial losses.
Question 33Cargo Insurance Fundamentals and Principles
Cargo is insured on Institute Cargo Clauses (C) terms. Which of the following losses would ordinarily fall within the insured perils?
- Damage caused by the ordinary sweating of the hold in normal conditions
- Cargo washed overboard by heavy seas during a storm Correct answer.
- Loss caused by delay in the voyage
- Loss caused by the inherent vice of the goods
Explanation
The (C) clauses cover a narrower list of catastrophic perils, including cargo washed overboard or lost by heavy seas. Ordinary sweat, inherent vice and delay are excluded under the standard exclusions. A candidate must distinguish the restricted (C) cover from the wider (A) and (B) sets.
Question 34Cargo Insurance Fundamentals and Principles
What does the doctrine of proximate cause require when a cargo loss results from a chain of events?
- Identifying the dominant and effective cause of the loss rather than the last event in time Correct answer.
- Selecting the cause that occurred closest to the port of discharge
- Awarding a claim whenever any insured peril appears anywhere in the chain of events
- Apportioning the loss equally between every peril that contributed to it
Explanation
Proximate cause means the dominant, effective cause that sets the loss in motion, not simply the final event in the sequence. Where an insured peril is the proximate cause, the loss is recoverable even if uninsured events follow. Mere presence of an insured peril somewhere in the chain is insufficient.
Question 35Cargo Insurance Fundamentals and Principles
Which statement best describes the insurer's right of subrogation after paying a cargo claim?
- The insurer may refuse payment until the assured has sued the carrier
- The insurer may exercise the assured's rights of recovery against third parties to the extent of the payment made Correct answer.
- The insurer automatically acquires ownership of the damaged cargo
- The insurer may recover the full claim from the assured if a third party is later found liable
Explanation
Subrogation transfers to the insurer, to the extent of the indemnity paid, the assured's rights of action against parties responsible for the loss. It prevents double recovery by the assured. It does not transfer title to the cargo, and payment cannot be withheld pending litigation against the carrier.
Question 36Cargo Insurance Fundamentals and Principles
An assured insures a consignment for GBP 100,000 when its insurable value is GBP 150,000 and suffers a total loss. Applying the principle of indemnity, what is the maximum the assured can recover from the insurer?
- GBP 250,000
- GBP 50,000
- GBP 150,000
- GBP 100,000 Correct answer.
Explanation
Indemnity limits recovery to the lesser of the sum insured and the actual loss, so an underinsured assured bears the shortfall. The assured here can recover no more than the GBP 100,000 sum insured. The uninsured GBP 50,000 gap falls on the assured as the consequence of underinsurance.
Question 37Cargo Insurance Fundamentals and Principles
What is the function of a 'warehouse to warehouse' clause in a cargo policy?
- It limits cover to losses occurring while goods are in a customs bonded warehouse
- It covers only the period during which the goods are physically on board the vessel
- It obliges the insurer to store the goods in its own warehouse after discharge
- It extends cover continuously from the seller's warehouse to the buyer's warehouse, subject to the termination provisions Correct answer.
Explanation
The warehouse to warehouse clause attaches cover from the moment goods leave the named warehouse at the commencement of the transit until delivery at the destination warehouse. Cover is subject to the clause's own termination triggers, such as expiry of a fixed period after discharge. It is not confined to the ocean leg.
Question 38Cargo Insurance Fundamentals and Principles
A cargo policy contains a 'free of particular average' (FPA) warranty. Which loss would typically remain recoverable?
- A small water-damage loss to part of the consignment from a heavy sea
- A total loss of the consignment following the sinking of the vessel Correct answer.
- A breakage loss affecting one item in the shipment
- A theft loss affecting a single carton
Explanation
An FPA warranty excludes partial losses from specified perils but leaves total losses recoverable. Sinking of the vessel producing a total loss therefore remains within cover. Partial damage, theft and breakage affecting part of the shipment are the very losses the warranty excludes.
Question 39Cargo Insurance Fundamentals and Principles
Which of the following best explains why cargo insurance distinguishes 'particular average' from 'general average'?
- Particular average applies only to hulls, while general average applies only to cargo
- Particular average is recoverable only from the carrier, while general average is recoverable only from the insurer
- Particular average is a partial loss borne by the individual cargo owner, while general average is a sacrifice apportioned among all parties to the adventure Correct answer.
- Particular average is a total loss, while general average is a partial loss
Explanation
Particular average refers to a partial loss that falls on the individual owner of the damaged property. General average is a deliberate sacrifice or extraordinary expenditure made for the common safety and shared proportionately by all parties to the adventure. The distinction turns on who bears the loss, not on total versus partial loss.
Question 40Cargo Insurance Fundamentals and Principles
What is the effect of an 'insurable interest' requirement on a cargo claim?
- The assured must have a legal or equitable interest in the goods at the time of loss to recover Correct answer.
- The assured must own the goods at the moment the policy is taken out
- The assured must have paid the purchase price in full before the loss
- The assured must hold a bill of lading endorsed in their favour
Explanation
An assured can only recover where they have a legal or equitable relationship to the cargo such that they benefit from its safety and suffer from its loss. The interest must exist at the time of the loss, not necessarily at placement. Ownership at placement, endorsement of a bill of lading or full payment are not the test.
Question 41Cargo Insurance Fundamentals and Principles
Which peril is expressly excluded under the standard cargo exclusions because it is a deliberate act rather than an accidental event?
- Loss caused by the vessel grounding on a reef
- Loss caused by lightning striking the vessel
- Loss caused by collision with another ship
- Loss caused by the deliberate act of a wrongdoer, such as wilful destruction of the goods Correct answer.
Explanation
The standard exclusions remove losses attributable to deliberate acts of wrongdoing, because insurance responds to fortuity rather than intentional harm. Lightning, grounding and collision are classic fortuitous perils that remain covered. The exclusion targets intentionality, not the identity of the actor.
Question 42Cargo Insurance Fundamentals and Principles
A consignment is insured under a policy incorporating the Institute Cargo Clauses (A). The assured's own packing was inadequate and the goods were crushed in transit. How should the claim be treated?
- It should be paid at half the loss because the assured contributed to it
- It should be declined because insufficient packing is an excluded cause under the standard clauses Correct answer.
- It should be paid because (A) cover is all risks and no cause is excluded
- It should be paid in full because the carrier is also liable for the crushing
Explanation
Even all-risks cover under the (A) clauses is subject to the standard exclusions, which include insufficient or unsuitable packing prepared by the assured. The loss is therefore not recoverable from the cargo insurer, although the assured may have separate rights against other parties. All-risks cover does not override the exclusions.
Question 43Cargo Insurance Fundamentals and Principles
What does the term 'constructive total loss' mean in the context of damaged cargo?
- A loss where the cost of recovering and repairing the goods would exceed their value when recovered Correct answer.
- A loss where the assured abandons the voyage before loading
- A loss where the goods are physically destroyed in their entirety
- A loss where the carrier admits liability for the damage
Explanation
A constructive total loss arises where the subject matter is not wholly destroyed but the cost of recovery and repair would exceed its value when recovered, so the assured may abandon it to the insurer. It is distinct from an actual total loss, where the goods are destroyed or irretrievably lost. Carrier admissions and pre-loading abandonment are irrelevant to the definition.
Question 44Cargo Insurance Fundamentals and Principles
Which statement correctly describes the duty of the assured when a cargo loss occurs, in relation to the claims condition requiring notice and cooperation?
- The assured must abandon the goods to the insurer immediately
- The assured must notify the insurer promptly and take reasonable steps to preserve the insurer's rights of recourse Correct answer.
- The assured must settle directly with the carrier and then claim the balance
- The assured may wait until the policy renews before reporting the loss
Explanation
Cargo policies require prompt notice of loss and reasonable steps to preserve the insurer's subrogation rights against carriers and other third parties. Failure to do so can prejudice recovery. Waiting for renewal, settling with the carrier first, and immediate abandonment are not the required conduct.
Question 45Cargo Insurance Fundamentals and Principles
An assured ships goods under a policy that includes a 'duration' clause ending cover on delivery to the consignee's warehouse. The goods are stored at an intermediate port for 70 days awaiting onward carriage. What is the likely position?
- Cover continues indefinitely until the goods reach the final warehouse
- Cover automatically transfers to the warehouse keeper's policy
- Cover may have terminated under the duration clause's time limit, leaving the onward transit uninsured Correct answer.
- Cover is suspended only if the assured fails to pay an additional premium
Explanation
Duration clauses typically terminate cover a set number of days after discharge from the oversea vessel if delivery has not occurred, unless the policy is extended. Prolonged storage at an intermediate port can therefore leave the goods uninsured. Cover does not run indefinitely, and it does not automatically pass to another party's policy.
Question 46Cargo Insurance Fundamentals and Principles
What is the purpose of a 'both to blame collision' clause in the context of cargo insurance?
- To require the assured to pay half the salvage costs personally
- To allocate blame between the two colliding vessels for hull claims only
- To prevent the assured from claiming against the cargo insurer where a collision occurs
- To preserve the assured's rights against the carrying vessel where the carrier is partly liable but protected by a negligence defence Correct answer.
Explanation
The both to blame collision clause addresses the situation where the carrying vessel can rely on a contractual or statutory defence against its own cargo but is liable to the other ship. It allows the carrier to recover from cargo the proportion of the other ship's claim that cargo would otherwise have escaped. It is not a hull-only device and does not bar cargo claims.
Question 47Cargo Insurance Fundamentals and Principles
Which of the following is the best description of 'general average sacrifice' as it affects a cargo owner?
- Cargo damaged by ordinary handling gives the owner a right to contribution from the shipowner
- Cargo lost through the carrier's negligence gives the owner a right to contribution from the insurer
- Cargo jettisoned to save the adventure gives the owner a right to contribution from the other parties Correct answer.
- Cargo delayed in port gives the owner a right to contribution from the charterer
Explanation
A general average sacrifice is a deliberate sacrifice of property for the common safety, such as jettison of cargo to lighten a grounded vessel. The owner of the sacrificed cargo is entitled to a contribution from the other parties to the adventure. Ordinary handling damage, negligence losses and delay do not generate general average contribution.
Question 48Cargo Insurance Fundamentals and Principles
What is the significance of the 'sue and labour' clause in a cargo policy?
- It requires the assured to sue the carrier before claiming on the policy
- It limits the insurer's liability to the salvage value of the goods
- It reimburses the assured for reasonable costs incurred to avert or minimise a loss covered by the policy Correct answer.
- It allows the insurer to sue the assured for failing to prevent a loss
Explanation
The sue and labour clause encourages the assured to act to avert or minimise an insured loss by reimbursing reasonable costs incurred for that purpose. These costs are additional to the sum insured in many wordings. The clause does not create a right for the insurer to sue the assured, nor does it require litigation against the carrier first.
Question 49Cargo Insurance Fundamentals and Principles
An assured takes out a cargo policy but conceals from the insurer a known defect in the packaging that is likely to cause loss. What is the insurer's likely remedy?
- The insurer may only reduce the claim by the amount of the unpaid premium
- The insurer may avoid the policy for breach of the duty of utmost good faith Correct answer.
- The insurer has no remedy because packaging is a matter for the carrier
- The insurer must pay the claim but may increase the premium retrospectively
Explanation
Concealment of a material circumstance known to the assured breaches the duty of utmost good faith and entitles the insurer to avoid the contract. The remedy is avoidance, not retrospective premium adjustment or a mere premium deduction. Packaging defects known to the assured are plainly material to the risk.
Question 50Cargo Insurance Fundamentals and Principles
Which of the following best describes the role of a 'certificate of insurance' issued under an open cover?
- It is a negotiable document of title to the goods
- It guarantees that the carrier will not be liable for any loss
- It evidences that a particular shipment is covered under the terms of the master policy Correct answer.
- It replaces the master policy and creates a new contract for each shipment
Explanation
A certificate of insurance is issued under an open or floating cover and evidences that the specific shipment falls within the master policy. It does not create a fresh contract or replace the master policy. It is not a document of title and does not affect the carrier's liability.