Deviation

Deviation

Summary of Deviation

The departure by a vessel from the scope or route of the planned voyage. An unreasonable departure from the normal course of the voyage is generally considered improper and, in those cases where cargo interests suffer losses as a result of such a departure, a finding by a court that the vessel deviated may vitiate the carrier's legal defenses under the Carriage of Goods by Sea Act or similar national legislation. A deviation may occur when a vessel significantly departs from the announced course of the voyage, or when the vessel engages in acts substantially beyond those that might be reasonably contemplated; for example, a cargo ship that, during the course of routine commercial operations, gives aid willingly to belligerents, may be said to have deviated from the scope of its voyage. The Carriage of Goods by Sea Act states:

Any deviation in saving or attempting to save life or property at sea, or any reasonable deviation shall not be an infringement of this Act or of the contract of carriage, and the carrier shall not be liable for any loss or damage arising therefrom; Provided, however, that if the deviation is for the purpose of loading or unloading cargo or passengers it shall, prima facie, be regarded as unreasonable.

The effect of having a deviation declared “un-reasonable”is to deny the carrier his statutory defenses against claims for loss and damage.

(Main Author: William J. Miller)


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