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Deviation

Deviation occurs when a ship departs from the agreed voyage route without justification. This is considered a breach of contract. Lawful deviations are allowed for safety reasons like avoiding danger or saving lives. Unlawful deviations deprive the shipowner of contractual rights and may void the charter agreement. Charter contracts like GENCON and NYPE include deviation clauses permitting liberties like calling ports in any order or deviating to save lives, but any deviation must be reasonable.

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345 views

Deviation

Deviation occurs when a ship departs from the agreed voyage route without justification. This is considered a breach of contract. Lawful deviations are allowed for safety reasons like avoiding danger or saving lives. Unlawful deviations deprive the shipowner of contractual rights and may void the charter agreement. Charter contracts like GENCON and NYPE include deviation clauses permitting liberties like calling ports in any order or deviating to save lives, but any deviation must be reasonable.

Uploaded by

Ankit Maurya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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DEVIATION

The master is expected to proceed from the load port to the discharge port
without delay and without departure from the usual geographical route.

If he fails to do so then this may amount to a deviation from the contractual


voyage.

Deviation

Deviation in its legal sense is an unjustified departure from the contractual


voyage. The general rule is that the contractual voyage will follow the usual
geographical route unless it can be shown that

 There is a universal custom to follow another route

 That the circumstances surrounding the voyage made it clear that the
intention of the parties was that some other route should be taken

 If the bill of lading expressly describes what route is to be taken or gives


the ship owner liberty to select alternative routes even if this means
departing from the usual geographical route

 If it is necessary for the ship to leave the contractual route for reasons of
the safety of the venture

 If one of the sources of obligation permits diversion, for example the


Hague-Visby Rules permit deviation to save life or property or any
reasonable deviation

Where the ship departs from the contractual voyage without justification the
consequences of this deviation in legal terms are very drastic. In very broad
terms, the ship owner will be deprived of its contractual rights (for example, to
receive freight and to enjoy defences expressly given to it by the contract) and in
addition may prejudice its insurance cover.

It is therefore important to realize that instructions to take the cargo to any


destination other than that named in the bill of loading, even when those
instructions are given by characters or shippers who may appear to have very
good reason for giving those instructions, should be related with the utmost
caution. In every circumstances where such instructions is given, the ship owner
or the P & I Association should be consulted.

Compiled by : Capt. Naveen C Tewari, ARI, Saket. New Delhi. (1/16) 1


DEVIATION

Lawful deviation and Unlawful deviation

The distinction between lawful deviation and unlawful deviation is important. The
borderline between these two concepts is not always so easy to find. Generally, it
can be said that deviation for the purpose of avoiding danger to crew, vessel and
cargo and deviation for the purpose of saving life or property, are lawful
deviations. Naturally, the deviation must be reasonable and when judging
whether the deviation is reasonable, not only the interests of the shipowners, but
also the interests of the charterers, must be considered.

Unlawful deviation is a breach of contract and the charterers can entitled to


damages as well as, in some cases, to cancel the charter agreement.

Deviation Clause GENCON Form (Voyage C/P)

 The vessel has liberty to call any port or ports in any order, for any
purpose, to sail without pilots, to tow and/or assist vessels in all
situations, and also to deviate for the purpose of saving life and/or
property.

Deviation Clause in NYPE Form (Time C/P)

 The vessel shall have the liberty to sail with or without pilots, to tow and
to be towed, to assist vessels in distress and to deviate for the purpose of
saving life and property.

P&I Bunkering Clause

– Gives liberty to a ship to deviate for taking bunkers so that a ship owner
can take bunkers at ports near oil producing countries where bunker prices
are considerably lower. It also allows the ship to take full “roundtrip”
bunkers.

– Filling bunkers fuel tanks would have advantages for both owners (who
may save another bunker call) and charterers (who may have the freight
charges on the homeward voyage reduced as a result of the owners
saving).

Compiled by : Capt. Naveen C Tewari, ARI, Saket. New Delhi. (1/16) 2


DEVIATION

Delay

Delay in proceeding to the discharge port may cause loss to the buyer of the
goods. Delay may also amount to a deviation in the legal sense. However simple
failure to commence the loaded voyage and proceed as quickly as possible is not
a deviation in the legal sense. To amount to a deviation in the legal sense delay
which makes the voyage performed entirely different from that which the parties
envisaged would be performed would have to occur.

Compiled by : Capt. Naveen C Tewari, ARI, Saket. New Delhi. (1/16) 3

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