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).
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
flexor stretches * Eccentric unweighted * 3 sets of 10-15 repetitions 5 x/wk hammer curls * Assist with other hand during (Figure 2 A-C) concentric (radial deviation) movement phase * Eccentric weighted * Add 1 lb.
Conversely, the increase in handle angle induced a decrease in the mean radial deviation. The greatest mean radial deviation occurred at the 75[degrees] handle angle, the smallest at the 0[degrees] handle angle.
Dorland's Illustrated Medical Dictionary[13] defines "deviation" as "a turning away from the regular or standard course." In subentries, Dorland's defines "radial deviation" as "a hand deformity sometimes seen in rheumatoid arthritis in which the fingers are displaced to the radial side" and it defines "ulna deviation" as "a hand deformity, seen in chronic rheumatoid arthritis and lupus erythematosus, in which the swelling of the metacarpophalangeal joints causes the fingers to become displaced to the ulna side." This also is called ulnar drift and ulna drift deformity.
of Cases % Prominence of ulnar 6 20% styloid Residual dorsal tilt 9 30% Radial deviation of 2 6.6% hand Table 7.
Furthermore, Johnson observed radial deviation with use of the WDFHO and proposed a specifically designed radial deviation WDFHO [38].
Mean, Maximum, and Minimum Wrist Ulnar Position, in Degrees for Each Alternative Keyboard (Negative = Ulnar Deviation; Positive = Radial Deviation) Aleternative Keyboard Designs Vertically Inclined Split Adjustable-Angle n = 30 n = 30 Left Wrist Mean -3.1 (7.8) -5.7 (6.8) Maximum -12.0 (7.4) -14.9 (6.6) Minimum 6.7 (7.5) 5.1 (7.4) Right Wrist Mean 2.4 (7.3) -2.5 (6.5) Maximum -14.2 (7.2) -16.1 (7.1) Minimum 9.8 (6.9) 5.7 (5.8) Split Fixed-Angle n = 30 Left Wrist Mean -5.8 (9.8) Maximum -14.7 (9.8) Minimum 4.3 (10.4) Right Wrist Mean 1.2 (6.8) Maximum -13.7 (5.6) Minimum 9.0 (7.6) Note: Standard deviations appear in parantheses.
The radioscaphoid ligament is relaxed by the radial deviation and cannot alleviate the tensile stresses accumulating on the radiopalmar aspect of the scaphoid.
Specifically, for both men and women, the presence of both ulnar and radial deviation significantly reduced the participants' capacity to perform wrist flexion.
Typical deformity includes shortening of the wrist, scapho-lunate dissociation, carpal supination, translocation of the carpus in a ulnar and volar direction, radial deviation of the carpus and dorsal subluxation of the ulna.
The monitor consisted of three measurement devices that collect data in six directions of motion: flexion, extension, radial deviation, ulnar deviation, pronation, and supination.
The objective evaluation is based upon the following ranges of motion as being the minimum for normal function: dorsiflexion 45[degrees]; palmar flexion 30[degrees]; radial deviation 15[degrees]; ulnar deviation 15[degrees]; pronation 50[degrees]; supination 50[degrees].
There were higher ratings (p [less than] .05) for left hand extension, right hand extension, and left hand radial deviation for participants using the SA keyboard than for those using the flat keyboard.