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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

________ is opposed to GOOD faith.A.gross negligence

B.willful misconduct

C.intentional will

D.fundamental breach

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

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

请帮忙给出每个问题的正确答案和分析,谢谢!


参考答案

更多 “ 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 thingsB.the same thingsC.are not necessarily to be distinguishedD.can not be distinguished________ is opposed to GOOD faith.A.gross negligenceB.willful misconductC.intentional willD.fundamental breachAccording 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.recklessnessB.gross negligenceC.culpable faultD.willful misconductIn the author's opinion,________.A.recklessness and willful misconduct have the same meaningB.no one can tell the differences between recklessness and willful misconductC.it is not necessary to distinguish the differences between recklessness and willful misconductD.the recklessness and willful misconduct should be distinguished请帮忙给出每个问题的正确答案和分析,谢谢! ” 相关考题
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