公證人 95 年海事保險英文公證報告考古題

名詞英譯中：（每小題2 分，共30 分） 1 Appointed Arbitrator 2 Bay Plan 3 Certificate of Origin 4 Demurrage Charges 5 Excess Liabilities 6 Fair Wear and Tear Excepted 7 General Average Contribution 8 Heavy Weather 9 Implied Warranty 10 Lloyd’s Open Form 11 Marine Perils 12 Notary Public 13 Original Assured 14 Port Surcharge 15 Salvage Remuneration

英譯中：（30 分） The surveyor’s role at the surveys will depend to a large extent upon the requirements of the party whom he represents but, assuming a role with cargo interests only, the following matters are some with which he is almost certain to be concerned. He may be required to determine the following: 1. The cause of the casualty 2. Whether a general average has been declared or not, and if so, the grounds 3. Whether the shipowner or charter is abandoning the voyage, and the grounds 4. Whether cargo is being on-carried in the same or another vessel in the same or different ownership or charterer 5. Cargo on board at the time, some may have been discharged at an earlier port or earlier at the casualty scene or at the port at which the surveyor is attending or it may even have been jettisoned 6. Cargo is damaged and the cause of damage 7. An estimate of the extent of the damage under each bill of lading 8. Liability of any party 9. Consideration of mitigation of cargo damage 10. CIF value 11. What cargo has been jettisoned, lightered or warehoused 12. Quantities of cargo damaged and cause if during discharge and reloading.

報告寫作：（40 分） 請寫海事保險之英文公證報告（Survey Report）一篇，並通知當事人。內容大 要為某貨櫃船自新加坡開往鹿特丹，途中在亞丁灣（Gulf of Aden）的葉門（Yemen） 外海43 海里處，船艉突然爆炸失火，造成60 個貨櫃落海，300 個貨櫃及機艙嚴重 燒毀，其他詳細情節請自行擬定。