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NoR v SIs

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gordon View Drop Down
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Post Options Post Options   Quote gordon Quote  Post ReplyReply Direct Link To This Post Topic: NoR v SIs
    Posted: 08 Dec 14 at 3:51pm
SIs often include a clause stating that in case of conflict the SIs take precedence. This usually means that either the person writing the SIs was not consulted about the NOR or has not read them (a cynical point of view, almost as cynical as JimC's evaluation of race documents)!

Unless this SI includes the words 'This changes rule 63.7' then it has no value and the PC should ignore the SI and apply rule 63.7.
Gordon
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 04 Dec 14 at 9:06pm
Unless you are a really experienced and careful drafter and intend documents to have a precedence, precedence of documents clauses are always a bad idea.

Rule 63.7 provides a much better way of fixing mistakes.

If you intend to change something between the NOR and the SI, then issue an amendment to the document you want overridden.
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JimC View Drop Down
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 04 Dec 14 at 7:58pm
63.7 Conflict Between the Notice of Race and the Sailing Instructions

If there is a conflict between a rule in the notice of race and one in the sailing instructions that must be resolved before the protest committee can decide a protest or request for redress, the committee shall apply the rule that it believes will provide the fairest result for all boats affected


I don't see it would be possible to provide a hard and fast rule for which one has precedence. After all in general they should have different things in, and we are dealing with documents that are intrinsically badly written, so if the SI version is permissable and the NOR version not permissable it would be damn silly to say nevertheless the NOR takes precedence. Best to just get 'em right in the first place of course.
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Steve411 View Drop Down
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Post Options Post Options   Quote Steve411 Quote  Post ReplyReply Direct Link To This Post Posted: 04 Dec 14 at 6:02pm
1)  If there is a discrepancy between the notice of race and sailing instructions, which takes precedence?

2)  Is it acceptable to state in the NoR that, in the event of a discrepancy, the NoR takes precedence?
Steve B
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