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Report No. 21

Clause 50

General.-This deals with excuses for deviation and delay.

Sub-section (1)-Clause (a)-excuses deviation etc. authorised by any special terms in the policy.

Clause (b)-deals with circumstances beyond the control of the master and the employer. This includes a vessel being forced out of its course by heavy weather.1

Clause (c)-applies where delay is reasonably necessary for complying with a warranty. An example of this would be delay occasioned by action taken to make the ship seaworthy.2

Clause (d)-excuses delay for the safety of the ship (whether the policy is on ship or on cargo) or for the safety of the subject-matter insured. The result is, that where cargo A is insured, deviation for the safety of cargo B would not be protected. Similarly, where the ship is insured, deviation for the safety of any cargo would not be protected.

Clause (e)-deals with deviation etc. for saving human life etc.

Departure from the English Act.-It would be noted that deviation for saving property is not excused in the English Act.

For reasons already given this rule of the English Act has been departed from, so as to cover deviation to save property at sea.3

1. Delany v. Stoddart, (1776) 1 Term Rep 22, cited in Dover, p. 372, and Chalmers, pp. 66-67.

2. As to warranty of seaworthiness, see section 39 of the English Act-clause 40.

3. See the body of the Report, para. 7.

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