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Deviation

Sea Route (Track) - Ordinary


Law and Sea.
Substance and Manner.

It must be taken into account that short departures from direct route were usually justified by the custom of the trade and it was understood by the parties that the ship may make as many intermediate rests and stages in the course of its voyage, as the ordinary convenience of its employers and nature of its service may require.
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Sea Routes, Alternative
Last updated: 06-Oct-2014

Per Lord Buckmaster in Frenkel v MacAndrews & Co Ltd [1929] AC 545 at p.550:

It is impossible to say, in these circumstances, that there is any definite customary route, customary route is one of two routes, and the figures showed, as to the different voyages, that the one was nearly as customary as the other. The bill of lading does not in terms say the ship was lying at Malaga or was bound for Liverpool, but that Liverpool was her destination, and, as far as that is concerned, that destination is consistent with either of the two course being pursued.


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