deviation

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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 ?
Students with more-effective instructors are more likely to continue their studies: we find an increase of 1 standard deviation in instructor quality in Math I is associated with an increase of 5 percentage points in the likelihood that students progress to Math II.
For input signal of SNR higher than a certain value (25 dB for 8192 samples in series), the standard deviation of measurement reaches a minimum, constant value.
The standard deviation has another feature that is very useful.
This also happens to be close to what you would get if you calculated the standard deviation on three values indications.
Combination of B1-B4 using one-half Standard deviation shocks###30###34###39###37###35###33###27###16
Quantifying how far events strayed from what was expected and/or acceptable by calculating the standard deviation of actual event outcomes against the previous or expected mean gives you hard evidence of how big or small the snowfall really was.
In the Motor Functions C1 Scale the Control subjects presents a mean punctuation of 9,00 with a standard deviation of 8,70, and the mean for intervention group is 15,16 with a standard deviation of 12,90, being this difference statistically significant (df= -3,212; [rho] = ,002).
8 or higher), birth weight standard deviation was significantly lower in mothers with high IL-6.
Using the values of parameters of the CCD cam-era and cylindrical ruler from the earlier analysed example, we receive such evaluates of standard deviation, when : These results of computations point out, that ac-curacy of the computed coordinates is almost equal to the accuracy of measured line lengths accuracy.
corporate profit growth series into business cycles to test if all data share the same statistical moments--average and standard deviation.
Table 1 Macular pigment measurements on four subjects using the Macuscope and MPOD Subject 1 RE LE (Amblyoplc) Macuscope Standard Deviation 0.
Although six patients (35%) had a z score BMD of less than -1 standard deviation for age, they all had normal volumetric BMD (ranging from -0.

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