deviation


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Related to deviation: standard deviation, Average deviation

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 periodicals archive ?
Deviation from the column low end of the in-situ concrete skeleton on the intermediate floor and from the upper end of the column under the inter-mediate floor (mating eccentricity) that generally cannot be directly surveyed.
In the case of brass samples, the dual phase structure of brass is described by a uniform distribution of the two solid solutions (when the deviation is zero) and by a nonuniform distribution of the phases, with an Widmannstatten aspect (for both samples with deviation).
Pastorek described a method where the anterior nasal spine is used as a door stop to reposition the caudal septal deviation.
Lt Col Omran Bin Elan, head of inspection and traffic control section at Sharjah Police, said despite police warnings about the dangers of sudden deviation, drivers repeated the violations and lost their lives.
The effects of the botulinum toxin treatment were measured as the change in the strabismus angle in relation to the pre injection value, presence of diplopia in primary gaze, relation between duration of presentation and the reduction in deviation, relation between aetiology of paralytic strabismus and reduction in deviation, the extent of recovery of movement and the results were statistically analyzed.
Before we can go on calculating the standard deviation, we must calculate a quantity known as the variance.
After correction of the refraction errors, near and distance deviation angles were measured with an accomodation target by either prism cover test or Krimsky test according to patient compliance and were recorded as PD.
Mean deviation for near was statistically higher in group 2 and 3.
The incidence of positive reports of computed tomography (CT) for concha bullosa has been elucidated from 14% to 53% and the correlation of concha bullosa and septal deviation with paranasal sinus diseases were subject of different studies.
Export value growth at historical average minus one standard deviation in 2014-15 3/###20###24###31###30###29###28###23###14
The Banca d'Italia has proposed a deviation from the Basel III rules for banks in the country.
Physicians at the University Hospital Sharjah said that Attention Deficit Disorder (ADD) is one of the most common of the associated symptoms of nasal septum deviation.