deviation

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deviation

noun aberrance, aberrancy, aberration, alteration, anomalousness, anomaly, antipathy, antithesis, branching off, breach of practice, change of diiection, change of position, contrast, declinatio, defiance of custom, departure, departure from usage, detour, disaccord, disagreement, discongruity, discontinuity, discord, discrepancy, disparity, dissidence, dissimilarity, dissonance, divagation, divergence, diverseness, diversion, inconsistency, inconsonance, inharmoniousness, irregularity, nonconformism, nonconformity, nonobservance, nonuniformity, straying, swerve, swerving, unconformity, unlikeness, unorthodoxy, variability, variation
Associated concepts: deviation doctrine, deviation from scope of employment, deviation from the norm
See also: avoidance, defect, detour, difference, digression, discrepancy, disparity, diversification, error, evasion, exception, exclusion, exemption, incongruity, inconsistency, indirection, inequality, irregularity, miscue, nonconformity, quirk, sodomy, variance

deviation

departure from the route that a carrier has expressly or impliedly agreed to follow. Deviation without reasonable justification (e.g. to save life or property) amounts to a repudiation of the contract by the carrier (see COMMON CARRIER).

DEVIATION, insurance, contracts. A voluntary departure, without necessity, or any reasonable cause, from the regular and usual course of the voyage insured.
     2. From the moment this happens, the voyage is changed, the contract determined, and the insurer discharged from all subsequent responsibility. By the contract, the insurer only runs the risk of the contract agreed upon, and no other; and it is, therefore, a condition implied in the policy, that the ship shall proceed to her port of destination by the. shortest and safest course, and on no account to deviate from that course, but in cases of necessity. 1 Mood. & Rob. 60; 17 Ves. 364; 3 Bing. 637; 12 East, 578.
     3. The effect of a deviation is not to vitiate or avoid the policy, but only to determine the liability of the underwriters from the time of the deviation. If, therefore, the ship or goods, after the voyage has commenced, receive damage, then the ship deviates, and afterwards a loss happen, there, though the insurer is discharged from the time of the deviation, and is not answerable for the subsequent loss, yet he is bound to make good the damage sustained previous to the deviation. 2 Lord Raym. 842 2 Salk. 444.
     4. But though he is thus discharged from subsequent responsibility, he is entitled to retain the whole premium. Dougl. 271; 1 Marsh. Ins. 183; Park. Ins. 294. See 2 Phil. Ev. 60, n. (b) where the American cases are cited.
     5. What amounts to a deviation is not easily defined, but a departure from the usual course of the voyage, or remaining at places where the ship is authorized to touch, longer than necessary, or doing there what the insured is not authorized to do; as, if the ship have merely liberty to touch at a point, and the insured stay there to trade, or break bulk, it is a deviation. 4 Dall. 274 1 Peters' C. C. R. 104; Marsh. Ins. B. 1, c. 6, s. 2. By the course of the voyage is not meant the shortest course the ship can take from her port of departure to her port of destination, but the regular and customary track, if such there be, which long us usage has proved to be the safest and most convenient. 1 Marsh. Ins. 185. See 3 Johns. Cas. 352; 7 T. R. 162.
     6. A deviation that will discharge the insurer, must be a voluntary departure from the usual course of the voyage insured, and not warranted by any necessity. If a deviation can be justified by necessity, it will not affect the contract; and necessity will justify a deviation, though it proceed from a cause not insured against. The cases of necessity which are most frequently adduced to justify a departure from the direct or usual course of the voyage, are, 1st. Stress of weather. 2d. The want of necessary repairs. 3d. Joining convoy. 4th. Succouring ships in distress. 5th. Avoiding capture or detention. 6th. Sickness of the master or mariner. 7th. Mutiny of the crew. See Park, Ins. c. 17; 1 Bouv. Inst. n. 1187, et seq.; 2 John. Cas. 296; 11 Johns. R. 241; Pet. C. C. R. 98; 2 Johns. Rep. 89; 14 Johns. R. 315; 2 Johns. R. 138; 9 Johns. R. 192; 8 Johns. Rep. 491; 13 Mass. 68 13 Mass. 539; Id. 118; 14 Mass. 12 1 Johns. Cas. 313; 11 Johns. R. 241; 3 Johns. R. 352; 10 Johns. R. 83; 1 Johns. R. 301; 9 Mass. 436, 447; 3 Binn. 457 7 Mass. 349; 5 Mass. 1; 8 Mass. 308 6 Mass. 102 121 6 Mass. 122 7 Cranch, 26; Id. 487; 3 Wheat. 159 7 Mass. 365; 10 Mass. 21 Id. 347 7 Johns. Rep. 864; 3 Johns. R. 352; 4 Dall. R. 274 5 Binn. 403; 2 Serg. & Raw. 309; 2 Cranch, 240.

DEVIATION, contracts. When a plan has been adopted for a building, and in the progress of the work a change has been made from the original plan, the change is called a deviation.
     2. When the contract is to build a house according to the original plan, and a deviation takes place, the contract shall be traced as far as possible, and the additions, if any have been made, shall be paid for according to the usual rate of charging. 3 Barn. & Ald. 47; and see 1 Ves. jr. 60; 10 Ves. jr. 306; 14 Ves. 413; 13 Ves. 73; Id. 81 6 Johns. Ch. R. 38; 3 Cranch, 270; 5 Cranch, 262; 3 Ves. 693; 7 Ves. 274; Chit. Contr. 168; 9 Pick. 298.
     3. The Civil Code of Louisiana, art. 2734, provides, that when an architect or other workman has undertaken the building of a house by the job, according to a plot agreed on between him and the owner of the ground, he cannot claim an increase of the price agreed on, on the plea of the original plot having been changed and extended, unless he can prove that such changes have been made in compliance with the wishes of the proprietor.

References in classic literature ?
His every movement is jealously watched by the police till he comes of age and presents himself for inspection; then he is either destroyed, if he is found to exceed the fixed margin of deviation, or else immured in a Government Office as a clerk of the seventh class; prevented from marriage; forced to drudge at an uninteresting occupation for a miserable stipend; obliged to live and board at the office, and to take even his vacation under close supervision; what wonder that human nature, even in the best and purest, is embittered and perverted by such surroundings
If it could be shown that our domestic varieties manifested a strong tendency to reversion,--that is, to lose their acquired characters, whilst kept under unchanged conditions, and whilst kept in a considerable body, so that free intercrossing might check, by blending together, any slight deviations of structure, in such case, I grant that we could deduce nothing from domestic varieties in regard to species.
Let him esteem Nature a perpetual counsellor, and her perfections the exact measure of our deviations.
The staircase was as wooden and solid as need be, and Affery went straight down it without any of those deviations peculiar to dreams.
and it may be a very fortunate circumstance for him, for Frank, I mean, that he should have attached himself to a girl of such steadiness of character and good judgment as I have always given her credit for and still am disposed to give her credit for, in spite of this one great deviation from the strict rule of right.
Do not blame him, however, for departing from his character, where the deviation is necessary.
Miss Temple had always something of serenity in her air, of state in her mien, of refined propriety in her language, which precluded deviation into the ardent, the excited, the eager: something which chastened the pleasure of those who looked on her and listened to her, by a controlling sense of awe; and such was my feeling now: but as to Helen Burns, I was struck with wonder.
Every just reasoner will, at first sight, approve an adherence to this rule, in the work of the convention; and will disapprove every deviation from it which may not appear to have been dictated by the necessity of incorporating into the work some particular ingredient, with which a rigid conformity to the rule was incompatible.
The slight deviation of the boat's direction was sufficient to throw the muzzle of the rifle out of aim.
Could he have followed without deviation the fiftieth parallel, which is that of London, the whole distance would only have been about twelve thousand miles; whereas he would be forced, by the irregular methods of locomotion, to traverse twenty-six thousand, of which he had, on the 23rd of November, accomplished seventeen thousand five hundred.
Nature, according to her way, had made no deviation in the path he had marked out for himself.
Thus, to take a long and circuitous route, after enticing the enemy out of the way, and though starting after him, to contrive to reach the goal before him, shows knowledge of the artifice of DEVIATION.