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Report No. 21

Clause 48

General.-This relates to change in the port of discharge.

Classification of changes in the port of discharge.-A change in the port of discharge may arise from

(i) omission to visit a port on discharge; or

(ii) visiting an additional port of discharge not mentioned in the policy; or

(iii) change in the order in which the ports of discharge are to be visited.

As to (i) above, it would seem that there is no deviation in such a case.1

As to (ii) above, it will amount to deviation under sections 46 and 47 of the English Act, because the voyage contemplated by the policy did not envisage the additional port.

As to (iii) above, the section provides that-

(a) if several ports of discharge are specified by the policy, the order designated by the policy must be followed;

(b) where ports are not named but are given within a given area, the ship must go to them in their "geographical" order.

Over-carriage.-Where ports A, B and C are to be touched and cargo for port B is not discharged at port B, but is taken to port C and again brought back to port B and then discharged, the policy would be void from the time of sailing from the intermediate port on the outward voyage (unless the Deviation Clause protects it).2

1. See Dover, pp. 369, 370.

2. Dover, p. 370.

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