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Recognition of Tort Liability Caused by the Act of Good Will Pick-up at Sea


When a ship is permitted with good will pick-up at sea, a good will relationship between the parties may be considered. The benefactor shall act with caution and bear certain duty of safety and care, and shall assume the corresponding tort liability if it causes damage to a person intentionally or in gross negligence. In the case that there is no intentional or gross negligence on the benefactor, factors such as the special risk at sea and the background of pick-up behavior should be comprehensively considered, and its liability for compensation can be limited with reference to the spirit of the relevant provisions of the Civil Code. (Translated by LI Yuanhang)