While not a maritime attorney, I have been a trial lawyer in commercial litigation matters for more decades than I care to count. My gut says Bob J is exactly right on this.
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This is a concept that should be explicitly reflected in the race documents -- that the SER exist to level the playing field, not shift responsibility. And, a helpful change in the 2017 RRS is the concept of contract: by entering the race, you agree you are bound to comply with the race documents. Even in today's legal environment, such things will matter.