involuntary deviation

involuntary deviation
A deviation by a ship from the voyage, neither planned nor necessarily anticipated upon leaving port. If the circumstances under which a ship leaves port are such that it must be known that she will be compelled to deviate from her voyage, as, for example, with a shortage of fuel, the deviation is voluntary. But if the ship leaves port unseaworthy, which includes a ship badly stowed, even if it was known, she does not voluntarily deviate if she seeks a port of refuge. The Malcolm Baxter, Jr. (CA2 NY) 20 F2d 304. Literally, there is no such thing as an "involuntary deviation," since one of the elements of a deviation is voluntariness of the departure. See 29A Am J Rev ed Ins § 1000.

Ballentine's law dictionary. . 1998.

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