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材料:

Intention can be inferred in many ways by the courts.Thus the discharge at Cadiz instead of Bombay“for nefarious reasons”was an unreasonable deviation.A transshipment was declared to be an unreasonable deviation “since no excuse has been proffered for the deviation.” A geographic deviation abrogated the contract because“there can be no suggestion that the deviation was other than voluntary.” 

On the other hand,where the court was unable to find that a defendant's action constituted“a voluntary deviation without reasonable cause,” the defendant was exculpated of liability.The vast majority of decisions require that intention be proved in cases of deviation and quasi-deviation.The carrier has the burden of proving that it had no intention to deviate or that the deviation was not for the carrier's sole benefit. 

  • Accordingly,a geographic deviation due to an erroneous change of course by the master is not a deviation,but an error in navigation;in such a case,the carrier is protected under the Rules.If,however,the master is ordered to alter the customary or planned
  • abrogate,使作废     问题:
  • If the carrier has proved that he had no intention to deviate or that the deviation was not for his sole benefit ________.
  • A.he will be exculpated of liability
  • B.he is to investigate the case further
  • C.he will not be exculpated of liability
  • D.he has to contact with the shipper to see if he himself is free of any liability
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相关试题
  1. In the author's opinion,________.

    • A.recklessness and willful misconduct have the same meaning
    • B.no one can tell the differences between recklessness and willful misconduct
    • C.it is not necessary to distinguish the differences between recklessness and willful misconduct
    • D.the recklessness and willful misconduct should be distinguished
  2. ________ is opposed to GOOD faith.

    • A.gross negligence
    • B.willful misconduct
    • C.intentional will
    • D.fundamental breach
  3. 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.

    • A.recklessness
    • B.gross negligence
    • C.culpable fault
    • D.willful misconduct
  4. This passage is most likely extracted from ________.

    • A.Guide to Port Entry
    • B.Notices to Mariners
    • C.Attachment to a Charter Party
    • D.Ocean Passage
  5. 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 ________.

    • A.different things
    • B.the same things
    • C.are not necessarily to be distinguished
    • D.can not be distinguished
  6. ________ 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.

    • A.The Thames Barrier
    • B.Felixstowe across the mouth of the Thames
    • C.Woolwich Reach
    • D.Thames Water
  7. For the London District Sea Pilots the upriver limit is ________.

    • A.London Bridge
    • B.just below Gravesend
    • C.an imaginary line from the Sealink ferry pier at Gravesend to Tilbury Passenger Landing Stage
    • D.a line running from Felixstowe across the mouth of the Thames outside the GOODwin Sands to Folkestone
  8. 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.

    • A.River Lea or Bow Creek within the jurisdiction of the British Waterways Board
    • B.The Grand Union Canal and Regents Canal Dock
    • C.from Foulness Point(Essex)to Gunfleet old lighthouse to 51°26′36′′N,01°25′30′′E to Warden Point(Kent)
    • D.any part of the port as defined in the Medway Ports Reorganisation Scheme 1968
  9. The body of the deceased seaman was recovered by ________.

    • A.the C/O
    • B.the Pilot
    • C.a salver
    • D.someone not mentioned
  10. It can be concluded that the deceased seaman ________.

    • A.wore a lifejacket but lost it when overboard in the sea
    • B.committed suicide
    • C.dropped into the sea to catch the pilot ladder
    • D.was given instructions in detail before being sent to his station