Voyage Charters
Page 1057
Chapter 59
Deviation
| [Clause 20(b) continued] |
| (vii) DEVIATION CLAUSE. The vessel shall have liberty to call at any ports in any order, to sail with or without pilots, to tow or to be towed, to go to the assistance of vessels in distress, to deviate for the purpose of saving life or property or of landing any ill or injured person on board, and to call for fuel at any port or ports in or out of the regular course of the voyage. Any salvage shall be for the sole benefit of the Owner. |
Deviation in general
59.1 See Chapter 12. The consequences of a deviation may be very severe and deprive the shipowner of many defences. In The Sur,1 Moulder J. undertook a comprehensive assessment of the authorities and expressed the wish that the law on deviation should be assimilated to the general rules of the law of contract, but felt obliged to follow Hain v. Tate & Lyle
(1936) 55 Ll. L. Rep. 159 to conclude that a geographical deviation prevented the shipowner from relying on the time bar in Art. III r.6.