材料:Intention can be inferred in many ways by the courts.Thus the discharge at Cadiz inst
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&39;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&39;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 route,or deliberately takes it upon himself to do so,for a reason other than to save persons or cargo(or some similar reason),then the course alteration is an unreasonable deviation,because it is intentional and for the carrier&39;s own benefit.
nefarious,邪恶的,穷凶极恶的
proffer,提出
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
A geographic deviation due to an erroneous change of course by the master ________.A.is not a reasonable deviation
B.is not an error in navigation
C.is a reasonable deviation
D.can not be determined if it constitutes a reasonable deviation
Where the court is unable to find that a defendant's action constituted “a voluntary deviation without reasonable cause,”________.A.the defendant will not be responsible for the loss and damage
B.the defendant will be responsible for the loss and damage
C.if the defendant be responsible for the loss and damage can not be determined
D.the court should not make any decision
An unreasonable deviation must be committed by the master ________.A.intentionally
B.for the carrier's own benefit
C.intentionally and for the carrier's own benefit
D.reasonably
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