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 ?
Yet, from a human rights point of view, state-level religious enactments to punish purported "deviationists" raise contentious legal issues, as do laws which condemn Muslim apostates.
Marxist tyrants such as Stalin, Mao, and Pol Pot were aberrations, we are told, deviationists from "true" Marxism.
He wrote a column (Brickbats and Bouquets) for our newsletter, in which he attacked the "deviationists" who dared wander from the straight and narrow.
In this jurisprudential context, the deviationist quality of one-judge "opinions of the Court," not circulated to colleagues, whose dispositions are silently acquiesced in by Justices who did not vote for them, can be seen as a product of a quite different theory of the role of a judge.
Pres Ali Abdullah Saleh criticises Hussain Al Houthi and his thoughts and describes his behaviour as " deviationist from the values of Islam".
Compared with Al-Arqam, which was quickly banned in 1994 by the UMNO government on allegations that it was a deviationist movement, PAS did not make any effort to reconstruct Islam in the sense of a specific "Islamic modernity" that had been calling for the Islamization of modern science and technology (Tibi 1992).
In the liberal paradigm, Mill was obviously a "deviationist," and many examples can be provided to prove the point.
(71.) See ROBERTO MANGABEIRA UNGER, THE CRITICAL LEGAL STUDIES MOVEMENT 1522, 88-90 (1986) (advocating an approach called "deviationist" or "expanded" doctrine, which, through a method of "internal development," explicates a field of law as an expression of clashing principles and counterprinciples, works out different relationships between those principles, and generalizes this into a "more comprehensive legal theory" that can be applied to related branches of law).
But Iser cannot be pinned down on the "aesthetic." In reference to Mukarovsky's view that poetic language deviates From standard language, Iser says this "orthodox deviationist theory is evidently highly puristic--what is aesthetic in art is presumably nonaesthetic in real life" (88).
We think that it is rather curious that although MacKinnon makes reference to other cases that are more directly related to gender she should take as her star example of deviationist legal doctrine a case that is primarily about race.
Since the political break Bashir has been trying to recast himself as a "democrat" with the promise of elections, while Turabi has been left to try to mobilize his supporters in a new National Congress Party which he has thrown against the "deviationist" regime, no longer committed to pure Islamist goals.
According to the paper, he said they have been questioned for ''indulging in deviationist teachings'' and would be charged in the Islamic court.