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Commentary

39.3 Deviation

BAILMENT vol 3(1)
| Commentary

39.3 Deviation

| Commentary

39.3 Deviation

A hirer who departs from the fundamental restrictions which the lessor has placed on his possession of the goods commits a deviation and becomes an insurer1. Other consequences may also follow, as described earlier2. Subject to any express term of the contract, a hirer deviates where he keeps the chattel in a different place from that agreed3, or uses it for a different purpose, or drives it along a different route, from that agreed4, or retains it without authority at the end of the hiring5.

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