Legal Definitions - deviation

In legal terms, a deviation generally refers to a departure from an expected, customary, or agreed-upon course of action or plan. This concept appears in several areas of law, each with specific implications.

Employment Law

In employment law, a deviation occurs when an employee temporarily departs from their work duties or the scope of their employment to attend to a personal matter. This can be significant in determining an employer's responsibility for an employee's actions or injuries.

• Example 1: A delivery driver, while on their route, decides to make a detour to pick up dry cleaning for themselves. During this personal errand, they are involved in a minor traffic accident.

  Explanation: The driver's act of picking up dry cleaning was a personal matter, not part of their job duties. This detour constitutes a deviation from their course of employment, which could affect whether their employer is liable for the accident or if the driver is eligible for workers' compensation for any injury sustained during that specific personal detour.

• Example 2: An office worker, during their lunch break, leaves the office building to run a personal errand at a nearby store. On their way back, they slip and fall on the sidewalk outside the office premises.

  Explanation: While on a lunch break, the employee was attending to a personal matter by going to the store. This personal errand is a deviation from their direct work duties. The legal question would be whether they had returned to the "course of employment" by the time they slipped, or if the injury occurred during the personal deviation, which could impact a workers' compensation claim.

Insurance Law

In insurance, a deviation refers to an insured party's departure from a routine or agreed-upon course of action that significantly increases the risk of a loss that the insurance policy is designed to cover. Such a deviation might affect the insurer's obligation to pay a claim.

• Example 1: A homeowner's insurance policy specifies that the property must be occupied or regularly checked if vacant for more than 30 days. The homeowner leaves for an extended trip, leaving the house vacant for three months without arranging for anyone to check on it. During this time, a pipe bursts, causing extensive water damage.

  Explanation: By leaving the house vacant and unchecked for an extended period beyond the policy's terms, the homeowner committed a deviation from the agreed conditions, increasing the risk of undetected damage. The insurer might argue that this deviation voids coverage for the water damage.

• Example 2: A car owner insures their vehicle for personal use only. However, they begin using the car regularly to deliver packages for a paid service, essentially operating it as a commercial vehicle. The car is then involved in an accident while making a delivery.

  Explanation: Using a vehicle for commercial purposes when it is insured only for personal use is a significant deviation from the terms of the insurance contract, as commercial use typically carries a higher risk. The insurer could deny the claim for the accident, citing this deviation.

Maritime Law

In maritime law, a deviation occurs when a shipping carrier departs from the agreed-upon route, method of transport, or other terms specified in a bill of lading or transportation contract. This can have serious consequences for the carrier's liability for lost or damaged cargo.

• Example 1 (Geographic Deviation): A contract specifies that a cargo ship carrying electronics from Shanghai to Los Angeles will take the most direct route across the Pacific. However, the ship's captain decides to make an unscheduled stop in Hawaii to pick up additional cargo for another client, significantly extending the voyage. During the extended journey, a storm damages the electronics.

  Explanation: The unscheduled stop and extended route constitute a geographic deviation from the agreed terms of the bill of lading. This deviation could cause the carrier to lose the benefit of certain liability limitations they would normally have under maritime law, making them fully responsible for the damaged cargo.

• Example 2 (Quasi-Deviation): A bill of lading for a shipment of delicate machinery explicitly states that the cargo must be stowed below deck to protect it from weather and sea spray. The carrier, for convenience, decides to stow the machinery on the ship's open deck. The machinery is subsequently damaged by saltwater during the voyage.

  Explanation: Stowing the cargo on deck against the explicit terms of the contract is a type of quasi-deviation (a deviation in method rather than route). This breach of contract could lead to the carrier being held fully liable for the damage, losing any contractual limitations on their responsibility.

• Example 3 (Reasonable Deviation): A cargo ship is en route when it receives a distress signal from a nearby vessel that is sinking. The captain diverts the ship to rescue the crew of the sinking vessel, causing a delay in the cargo delivery.

  Explanation: Diverting to save lives at sea is generally considered a reasonable deviation. Maritime law often permits such deviations when justified by humanitarian concerns or to avoid imminent peril. In such cases, the carrier would typically retain its usual limitations and exemptions from liability, despite the delay.