deviation

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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 ?
Here, [w.sup.U.sub.i] and [w.sup.L.sub.i] are the negative deviational variables.
Deviational Uncertainty for PFGM project Factors derived from an ideal situation Average Response System is produced by a small group of implementers 2.57 System is used by a small group of users 3.86 System has a very definite purpose 3.14 System does not impact other parties 4.71 Factors derived from an ideal situation Average Response There is prior experience with this type of system 3.86 System receives adequate support 3.43 Technical design is feasible and cost effective 3.71 Natural Logarithm Total deviation (D) = 25.28 3.23 Total number of risk factors = 7 1.95 Deviational Entropy = ln D/ln n 1.66 Figure 1.
[w.sub.ik.sup.-], [w.sub.ik.sup.+] = the respective weights associated with the under and over- deviational variables,
In each figure, the first-order, and in some cases the second-order, clusters are represented by the standard deviational ellipses.
All related deviational variables are zero ([d.sup.+.sub.1], [d.sup.+.sub.2], and [d.sup.-.sub.2] = 0).
Routine activity spaces can be represented by standard deviational ellipses (SDEs) (Yuill 1971).
Recommended changes in the wording and tone of the church service, indeed accommodation of any kind to the habits and inclinations of a contemporary religious community, are dismissed by Gibson and his co-believers as deviational impurities.
Almond had concluded that the communist parties of Western Europe, which were the focus of his study, drew their recruits from members of the population who were 'alienated', 'deviational' or 'psychologically maladjusted'.
For a more thorough discussion of the calculation of the weighted mean center and standard deviational ellipse, a Technical Note is available upon request from the FBI's Crime Analysis, Research and Development Unit, telephone (304) 625-3600.
The GP model used in the illustrative example has a single priority level and the deviational variables are given a weight of 1.
The deviational variables in the achievement function of a GP model are measured in different units.
Thus "style" is his name for the deviational structure that enables tonal or attitudinal significance to be established; it is not the name for those tones, attitudes, or orientations themselves, much less for their putative difference from or formal shaping of "content." In Rousseau, Starobinski identifies both "elegiac" and "picaresque" modalities through which the narrator indicates a differential relation between present and past.