Legal Definitions - reasonable deviation

A reasonable deviation refers to a departure from an agreed-upon or expected course of action, plan, or route that is considered justifiable, necessary, or prudent given the circumstances. It implies that while there was a change from the original intention, the change was not arbitrary, excessive, or a breach of duty, but rather a sensible response to unforeseen events or conditions.

Here are some examples illustrating this concept:

• Commercial Shipping: A cargo ship is contracted to transport goods from Port A to Port B along a specific, pre-determined sea lane. Midway through the journey, a sudden and severe hurricane develops directly in the ship's path. To ensure the safety of the crew and cargo, the captain decides to alter course significantly, taking a longer, but safer, route around the storm. This would be considered a reasonable deviation because it was a necessary and prudent action taken to avoid a clear and present danger, even though it departed from the original agreed-upon route.

• Construction Project: A building contractor is constructing a new office complex according to detailed architectural plans. During the excavation phase, workers unexpectedly discover an ancient, unmarked underground utility pipe that is not shown on any existing maps and cannot be easily relocated. To avoid damaging the pipe and causing significant delays, the contractor makes a minor adjustment to the placement of a non-load-bearing wall, shifting it by a few feet from the original blueprint. If this change is communicated to the client and does not materially affect the building's functionality or structural integrity, it could be deemed a reasonable deviation from the original plans.

• Professional Services: A landscaping company is hired to install a specific type of tree in a client's garden, as outlined in the design agreement. On the day of installation, the nursery informs the company that the specified tree species is unexpectedly unavailable due to a sudden blight. The landscaper, after consulting with the client, suggests an alternative tree species that is aesthetically very similar, thrives in the same conditions, and costs the same, which the client approves. This change from the original specified tree, made due to unforeseen circumstances and with client consent, would represent a reasonable deviation from the initial contract terms.