Departure

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DEPARTURE, pleading. Said to be when a party quits or departs from the case, or defence, which he has first made, and has recourse to another; it is when his replication or rejoinder contains matter not pursuant to the declaration, or plea, and which does not support and fortify it. Co. Litt. 304, a; 2 Saund. 84, a, n. (1); 2 Wils. 98; 1 Chit. Pl. 619. The following example will illustrate what is a departure: if to assumpsit, the defendant plead infancy, and to a replication of necessaries, rejoin, duress, payment, release, &c., the rejoinder is a departure, and a good cause of demurrer, because the defendant quits or departs from the case or defence which he first made, though either of these matters, newly pleaded, would have been a good bar, if first pleaded as such.
     2. A departure in pleading is never allowed, for the record would, by such means, be spun out into endless prolixity; for he who has departed from and relinquished his first plea, might resort to a second, third, fourth, or even fortieth defence; pleading would, by such means, become infinite. He who had a bad cause, would never be brought to issue, and he who had a good one, would never obtain the end of his suit. Summary on Pleading, 92; 2 Saund. 84, a. n. (l); 16 East, R. 39; 1 M. & S. 395 Coin. Dig. Pleader, F 7, 11; Bac. Abr. Pleas, L; Vin. Abr. Departure; 1 Archb. Civ. Pl. 247, 253; 1 Chit. Pl. 618.
     3. A departure is cured by a verdict in favor of him who makes it, if the matter pleaded by way of departure is a sufficient answer, in substance, to what is before pleaded by the opposite party; that is, if it would have been sufficient, if pleaded in the first instance. 2 Saund. 84 1 Lill. Ab. 444.

DEPARTURE, maritime law. A deviation from the course of the voyage insured. 2. A departure is justifiable or not justifiable it is justifiable ill consequence of the stress of weather, to make necessary repairs, to succor a ship in distress, to avoid capture, of inability to navigate the ship, mutiny of the crew, or other compulsion. 1 Bouv. Inst. n. 1189.

References in periodicals archive ?
The busiest time for departures at Terminal 3 will be on Friday, August 9, with close to 100,000 passengers travelling through the terminal.
Passengers were reminded that they can check-in at the airport as early as 24 hours before flight departure, and are requested to check in no later than 2 hours prior to departure, regardless of class of travel.
The spokesman said that though passengers had been informed by PIA call Centre on their contact numbers for temporary change in scheduled departures and arrivals, those passengers who had not provided their contact numbers at the time of booking were requested to contact PIA call Centre at 11 786 786 regarding arrivals and departures of their flights.
The busiest time for departures in Terminal 3 will be on Friday 31st May with over 80,000 passengers travelling abroad.
The busiest time for departures in Terminal 3 will be on May 31 with over 80,000 passengers travelling abroad.
From the year-ago week coal departures were up by four.
For takeoffs using 4L or 4R, the instructions are the same, except the words "Northbound departures" are removed.
Effective on October 29, terminals for PAL departures and arrivals will be as follows:
Schedule of traffic and the number of departures of the Nakhchivan (Azerbaijan)-Mashhad (Iran)-Nakhchivan (Azerbaijan) international high-speed train No.15/16 will be changed, the Azerbaijan Railways CJSC told Trend April 3.
The average departures from Incheon airport in January were on time in 50 percent of cases.
Four departures have been announced for June 2017, sailing from Cardiff and Newport docks.
"With the support of the whole of Wales we would hope to see more departures again for 2018." | For more information visit the website www.cruisesfromsouthwales.co.uk