40. Effect of deviation.

It was once thought that the effect of a deviation was ipso facto to deprive a common or private carrier of the benefit of exception clauses in the contract of carriage, whether or not the loss or damage resulted from or occurred in the course of the deviation. The better position today, however, is that this only happens if either the loss or damage occurs either during the deviation1, or after the goods owner has taken steps to terminate the contract of carriage on the basis that the deviation amounted to a breach of condition2. As to whether an