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Part V The Obligations of the Carrier, 25 Deviation

From: Carriage of Goods by Sea (3rd Edition)

Stephen Girvin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 June 2024

Shipper's obligations and immunities

This chapter reviews the doctrine of deviation. The origins of the doctrine appear to derive from marine insurance, where there was established authority to the effect that when a vessel deviated from the insured route, the vessel was thereafter uninsured for subsequent loss, unless beyond the control of the master or the shipowner, or justified. The problem today is less acute and the doctrine is rarely strictly applied. Marine insurance policies contain ‘held-covered’ clauses, whereby the assured is covered in the event of a deviation on payment of an additional premium. At common law, the shipowner impliedly undertakes to proceed on a voyage, in the designated vessel, by ‘the usual and customary course’. A deviation is a deliberate and unjustifiable departure from the usual and customary course from the loading port to the discharge port.

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