3. Deviation clause1	41
The vessel has liberty to call at any port or ports in any order, for	42
any purpose, to sail without pilots, to tow and/or assist vessels in	43
all situations, and also to deviate for the purpose of saving life and/	44
or property.	45

Basic obligation of the carrier

12.1 Since the case of Davis v. Garrett 2 it has been established law that, in the absence of any contractual provision giving liberty to deviate, the law implies “a duty in the owner of a vessel, whether a general ship or hired for the special purpose of the voyage, to proceed without unnecessary deviation in the usual and customary course”. A more recent statement of the principle is contained in the judgment of Lord Porter in Reardon Smith v. Black Sea Insurance.3 In addition, there is an implied obligation to commence and complete the voyage in the same ship4 again subject to any express right of substitution and to the implied liberty to transship in case of necessity.