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 ?
(48) However, even within the relativist approach which seeks a more culture-specific understanding of human rights, no scholarly agreement exists on whether "freedom of conscience" should include the right of groups officially declared to be "deviationist" to profess, practise and preach their brands of unorthodoxy.
Whole new categories of "antisocial" crimes were created by the "dictatorship of the proletariat." Under communism, for example, it became a crime punishable by death to be a member of the "bourgeoisie," an "enemy of the people," a "counterrevolutionary," or a "deviationist." Even those who were just skeptical or indifferent to the goals of the regime were labeled saboteurs and subject to imprisonment or worse.
To our everlasting shame, we issued a pamphlet attacking Ron as an "extremist"--after all, he wasn't buying our "entrist" strategy of infiltrating the Republicans, and so he must be a "deviationist," dragging the movement into perdition.
The Czech communists went so far as to accuse many of those Slovak communists involved in the uprising of being "bourgeois elements" and "deviationists," more interested in nationalism than socialism.
By urging women to break out of subsuming norms and situations as the marriage institution, they stand the enormous risk of being dubbed cultural deviationists. For the marriage institution is sacred to culture, tradition and religion.
Only a few years ago, Marxist intellectuals were lustily defending Mao's cultural revolution, justifying the pitiless obliteration of village traditions, the re-education of Cambodian deviationists, and the robust rejection of reactionary sentimental flotsam, such as conjugal love, friendship, and national loyalty.
Work teams, production brigades, radical cadres, and the Geological Institute Mao Zedong Thought Combat Regiment took up arms and poster polemics against poisonous weeds, running dogs, "sinister henchmen," "fat revisionists," right deviationists, traitors, renegades, scabs and swindlers, bandit gangs, "monsters and freaks," Trotskyism, "eclecticism," "unprincipled practicalism," and "myopic routinism." They cleansed class ranks, smashed ministries of culture, and either rectified or liquidated the Sixteen Points, the Ten Indictments, the five black categories, the four olds, the "three loyalties," and the "two whatevers." So delusional was this system of rhetorics--so autistic, abusive, and paranoid-schizophrenic--that one is tempted to call it an extraordinary rendition.
National Two seems to be run on a deviationists' charter.
Luskin all but gives the game away when he calls on the Times "to rein in America's most dangerous liberal pundit." (Reactionary anti-Krugmanites have a corollary on the extreme left, it must be added, in the person of Nation columnist Alexander Cockburn, who last week added Krugman to Representative Bernie Sanders and the late Senator Paul Wellstone on his honor roll of right-wing deviationists.)