The Doctrine of Deviation, Its Historical and Legal Roots

7 Baku St. U. L.Rev. 193 (2021)
Article language: English.


The most common way of transporting the goods is still the sea; hence, the rules relating to the carriage of goods by the sea should be clearly examined. Transportation of goods by sea can involve different aspects of the law such as carriage contract, insurance, liability and compensation. There are different clauses and obligations in the contract which should be followed by the shipper. One of the most important clauses is deviation meaning departing from the usual or the customary route. The fault is imputed to the shipper unless he proves it justifiable or having a deviation clause in its contract. In case the deviation is not justifiable such as deviation in order to be fuelled cheaper or in order to discharge labour, and any perils of the sea occur causing loss or damage to the cargo, the shipper is responsible and the insurer will not cover damages. Also, there are examples in which deviation can be regarded as justified. This article will examine deviation, justified deviation and go through different historical and up to date cases in this regard and how it has changed in the track of time.

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