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Report No. 21

Clause 47

General.-This deals with deviation. (As to classification of various kinds of voyage, see notes under an earlier section).1

Essentials of deviation.-Deviation is a departure from the contemplated course of the voyage. Deviation, in order that it may discharge the insurer from liability, should be without lawful excuse. As to the excuses for deviation, see section 49 of the English Act. The deviation must be from the "voyage contemplated by this policy" as explained in section 46(2). Further, there must be a deviation in fact and not a mere intention.

Deviation distinguished from change of voyage.-In deviation, the ship does proceed to the agreed destination, whereas "change of voyage" implies complete abandonment of the contemplated voyage. It must be noted that in the former case, mere intention is immaterial while in the latter case it is material as already pointed out.2

Deviation clause -There is an Institute clause to the effect that the ship will be "held covered in case of deviation or change of voyage provided notice be given and an additional premium required be agreed".3

Time policies.-It would appear that so far as time policies are concerned, the provisions regarding deviation would not ordinarily apply, since the voyage is not specified in the policy. Usually, however, there are express provisions in the policy regarding "trading limits", departure from which is not allowed unless permitted by "held covered" clause.

1. Notes under section 43 of the English Act-clause 44.

2. See notes under section 45 of the English Act-clause 46.

3. Cited in Dover, p. 368.

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