398. Bills of lading giving the carrier a liberty to deviate.

Where a cif buyer with rights of suit against the carrier transferred to him by the seller1 suffers loss as a result of a deviation by the carrier from the voyage agreed in the contract of carriage between the buyer and the carrier, it is clear that the buyer may pursue any remedies against the carrier afforded by that contract rather than against the seller under the contract of sale2.

It is doubtful, however, whether a buyer can reject a bill of lading against the seller simply on the ground that it seeks to give the carrier a liberty to deviate.