答： The proximate cause refers to the major and ／or effective reason that has caused the accident and the proximate cause principle is employed in the judgment of causation between accidents and losses.
IV Short questions
2 What are the differences between general average and particular average？
答： Although both general average and particular average belong to the category of partial loss，there is still some differences between them：Causes： Particular average is a kind of cargo loss usually caused directly by sea perils，while general average is caused by intentional measures taken to save the common interest. Indemnification：Particular average is often borne by the party whose cargo is damaged， while general average should be proportionally contributed among all parties benefited from the intentional measures.
3 What are the conditions for general average？
答： A partial loss can be treated as general average if it is formed upon the following conditions：
The danger that threats the common safety of cargo and ／or vessel shall be materially existent and is not foreseen.
The measures taken by the master shall be aimed to remove the common danger of both vessel and cargo and shall be undertaken deliberately and reasonably for common safety.
The sacrifice shall be specialized and not caused by perils directly and the expense incurred shall be additional expense which is not within the operation budget.
The actions of the ship’s master shall be successful in saving the voyage.
V Calculation
１ A Chinese company offered to a British counterpart at USD５００ per case FOB Shanghai.The British importer asked the exporter to offer a CIF price. Suppose the freight is USD ５０ per case and premium rate is ０.５％， what would the new offer be？
解： Calculation：
CIF ＝ FOB ＋F/(１ －１１０％ ×R )＝500＋50/(１ －１００％×０．５％)≈ USD ５５３
Answer： The new offer is USD５５３ per case CIF Shanghai.
VI Case studies
１ X Company signed a CIF contract to export candies.The cargo was insured for “all risks”.Due to the long voyage， candies absorbed sweating in the ship’s hold， and thus softened and degraded.Was the insurance company liable for the damage？ Why or why not？
析： 答案：No。案例中提到“due to the long voyage， candies absorbed sweating in the ship’s hold and thus softened and degraded”， 这说明candies 变软的原因在于长时间海上运输，吸收了船舱的热气所致。保险公司不应给与赔偿原因有三：
a.在货物运输保险中没有“长时间运输”这一风险；b.candy 变软是由于其本身的货物特性决定的，糖果即使在常温下摆放一段时间都会变软，因此可认为是糖果的内在瑕疵（inherent vice）所导致的；c.虽然一般附加险中包含了“heating and sweating”这一险种，但此险种是指由于某种意外的原因（如船上的制冷设备坏了）导致船舱内温度、湿度突然变化，造成货物品质变化的情况，本案例不属于此情况。
答题的切入点：a.货物inherent vice 属于保险公司的除外责任； b.“heating and sweating risk” 的适用范围
3 On a voyage the cargo ship had an accidental fire. To save the ship， the captain ordered to have water poured into the compartment. The fire was put out.
（１） For party X， her goods burnt amounted to １０％ of USD0.5 million cargo；
（２） For party Y， his goods damaged due to water poured accounted for ２０％ of USD１million cargo；
（３） For the carrier， engine damages due to the fire equaled 10％ of USD50 million ship；
（４） Extra wages for the seamen totaled USD50 000. Based on the information above，indicate １） Which is PA？ ２） Which is GA？
３） What is the GAcontribution for each party？
解： 本题的关键在于对共同海损和单独海损的区别和共同海损分摊的计算。单独海损是承保风险所直接导致的船货损失。共同海损不是承保风险所直接导致的损失，而是指载货的船舶在海上遇到灾害或者意外事故，威胁到船货各方的共同安全，为解除这种危险，维护船货安全，由船方有意识地、合理地采取措施，所作出的某些特殊牺牲或支出的某 些额外的费用。
１） 答案：Party X 和carrier 的损失。
２） 答案：Party Y 的损失和海员的拯救费用。
答题切入点：共同海损和单独海损的区别，及满足共同海损的条件。 ３） GA Total loss ＝２０％ ×１ ＋0.05 ＝USD0.25m
GA Total Benefit ＝0.5 ×９０％ ＋５０ ×９０％ ＋１ ＝USD46.45m GA contribution rate ＝［GA total loss ／GA Total Benefit］ ×１００％ ＝（0.25／46.45） ×１００％ ＝0.0054
GA Contribution by X ＝０.５ ×９０％ ×0.0054＝0.00243m≈USD2430 GA Contribution by Y ＝１ ×0.0054 ＝0.0054m≈USD5400
GA Contribution by Carrier ＝５０ ×９０％ ×0.0054 ＝0.243m≈USD243000 答题切入点：共同海损计算的步骤。
Chapter seven
D/P (documents against payment) In D/P terms, the collecting bank
release the documents to the importer only upon full and immediate cash payment.
D/A (documents against acceptance) If a period of credit to the importer has been agreed upon, then a usance bill of exchange will be used and instructions will require the documents to be releases against acceptance by the importer. In this case, the importer signs his acceptance across the face of the draft, which is now due for payment on a future date, and obtains the documents of little to the cargo.
III Short questions
４An exporter， Wu Co， received an L ／C issued by Bank B and confirmed by Bank K. After Wu shipped the goods， Bank B declared bankruptcy. Will Wu have sleepless nights？
答： No， Wu Co. does not need to worry about the payment. When the L ／C is confirmed， the confirming bank holds the same definite undertaking as the issuing bank to pay or to pay at maturity in case of acceptance.
8 Use an example to explain why a back-to-back credit is needed. 答： A back to back credit is normally used by middleperson for the protection of his interest . For example， agent A received a documentary credit from the end buyer B， A can use this credit as a backup to apply for the opening of a new credit in favor of the end
supplier C. By doing so A can be sure that neither B nor C would know each other， therefore well protecting A’s business confidentiality.
IV Case Studies
１On September １， X Company signed a contract to export goods to the U.S.On September 30，City Bank sent an irrevocable L ／C with an amount of USD30,000. The L ／C stipulated shipment during October， and Bank of Tokyo to be the
reimbursing bank. On October ２， Bank of China advised X of the L ／C.But ten days later， X learnt that the importer was near bankruptcy. How should X deal with the situation？
析： a.案例中X 公司收到的是一份不可撤销的信用证（an irrevocable L ／C），说明X公司在满足信用证所列条件的情况下，可以直接从开证行或开证行指定银行获得货款，而不需考虑进口商的状况。b.在这种情况下，X 公司在做决策时，需要考虑的一是自身完成信用证所列条件的能力，二是与进口商的合作问题。 答题切入点：a. 信用证支付情况下各方的关系；b. X 公司可选择的做法及注意事项。