In cases of carriage by sea, deviation from the contemplated voyage is excused at common law:
(1) where it resulted from efforts to save life1;
(2) where it was due to stress of weather or necessity to avoid imminent danger2; and
(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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234