材料:
The tug Vegesack was towing a barge engaged in“stone-fishing”in the vicinity of the Beach End buoy in Harwich Channel.Tug and tow were part of a dredging programme.During the dredging contract,the practice was for the dredging craft,Vegesack,to nominate the passing side for vessels.
The barge was difficult to control in tidal and traffic conditions,and the master needed to exercise considerable skill and anticipation,as well as having to liaise closely with VTS and passing vessels.The German master had been issued with a pilotage exemption certificate and had been operating in the channel for nearly two months before the incident.
The ferry Dana Anglia was outbound from Harwich in daylight and GOOD visibility.When she was close to North Shelf buoy,VTS called Vegesack and agreed that Vegesack,who was in the middle of the channel,would move to the north side.This would enable both Dana Anglia and Bencomo,an inbound vessel currently passing No5 buoy,to pass to the south.VTS gave this passing information to the two vessels.
While passing Platters buoy,Bencomo called Vegesack,requesting her to move to the north.Vegesack said she was going to move to the Harwich(or south)side,and instructed Bencomo to pass to the north.VTS then intervened and confirmed with Vegesack that she wanted both vessels to pass to the north.At this time,Dana Anglia was approaching North West Beach buoy and could see Vegesack heading south,in contravention to what she had been asked to do and had agreed.
Vegesack then started turning to the north.Dana Anglia sounded her whistle and put her engines to full astern.Vegesack then passed close down the starboard side of Dana Anglia.
问题:
Vegesack and her tow ________.
In the author's opinion,________.
________ is opposed to GOOD faith.
According to the classic definition,________ does not consist of not bringing to the affairs of another the care that persons who are the least careful and the most stupid would not fail to bring to their own affairs.
This passage is most likely extracted from ________.
材料:
It is nevertheless submitted that although recklessness and negligence are not easily distinguished,in the same way recklessness and willful misconduct are not easily distinguished. An argument can be made that intentional or reckless(as well as grossly negligent)quasi-deviations should be recognized,simply because COGSA does not exclude them.
Moreover,if there is fear that the sanctioning of reckless quasi-deviations will lead eventually to sanctioning merely negligent quasi-deviations,the Courts may turn to the classic definition of recklessness to distinguish it from negligence.
Recklessness,or gross negligence,or culpable fault,consists of not bringing to the affairs of another the care that persons who are the least careful and the most stupid would not fail to bring to their own affairs.This fault is opposed to GOOD faith.In other words,there is a fundamental breach whenever there is gross negligence equivalent to culpable fault or recklessness.
问题:
Reckless quasi-deviations and negligent quasi-deviations are ________.
________ is spanning 520m across the river,comprising ten rising sector gates,of which four main gates for navigation have a width of 61m and two subsidiary gates have a width of 35m.
For the London District Sea Pilots the upriver limit is ________.
材料:
The Port of London comprises the 147km of the tidal River Thames,and the enclosed dock system at Tilbury.The limits of the port are from Teddington to those territorial waters within a limit as follows:from Foulness Point(Essex)to Gunfleet old lighthouse to 51°26′36′′N,01°25′30′′E to Warden Point(Kent),excluded is any part of the port as defined in the Medway Ports Reorganisation Scheme 1968;River Lea or Bow Creek within the jurisdiction of the British Waterways Board;The Grand Union Canal and Regents Canal Dock.For London District River Pilots the upper limit is London Bridge and the down river limit is just below Gravesend.
For the London District Sea Pilots the upriver limit is an imaginary line from the Sealink ferry pier at Gravesend to Tilbury Passenger Landing Stage and the lower limit is a line running from Felixstowe across the mouth of the Thames outside the GOODwin Sands to Folkestone.
The Thames Barrier,built for the Greater London Council at Woolwich Reach to afford protection against tidal floods is now under control of the Thames Water Authority.It allows shipping to and from the upper areas of the Port of London to pass without restriction during periods of non-surge conditions.
Spanning 520m across the river,it comprises ten rising sector gates,of which four main gates for navigation have a width of 61m and two subsidiary gates have a width of 35m.
问题:
________ does not belong to the Port of London.
The body of the deceased seaman was recovered by ________.
It can be concluded that the deceased seaman ________.
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