39. Where deviation is excusable.

In cases of carriage by sea, deviation from the contemplated voyage is excused at common law:

  1.  

    (1)     where it resulted from efforts to save life1;

  2.  

    (2)     where it was due to stress of weather or necessity to avoid imminent danger2; and

  3.  

    (3)     where the charterer of a ship had undertaken to provide a full and complete cargo and had failed to do so3.

Under the Hague-Visby Rules4, cases where deviation is permissible include saving or attempting to save property at sea and other reasonable deviations5.

In the case of carriage by land, it is submitted that similar principles will apply. Thus