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Is the Doctrine of Deviation only a Historical Record Today?

Basijokas, S; (2012) Is the Doctrine of Deviation only a Historical Record Today? UCL Journal of Law and Jurisprudence , 1 (2) pp. 114-141. 10.14324/111.2052-1871.048. Green open access

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Abstract

As of today the origins of the doctrine of deviation have not yet been firmly established and probably never will be. However, that does not detract from the fact that the doctrine itself has influenced shipping and general contract law and continues to do so even in the modern times. House of Lords judgements in Photo Productions v Securicor, Suisse Atlantique and their interpretations are posing a threat to the continued existence of the deviation doctrine. This paper examines the roots of the doctrine, its importance in sea carriage and intricacies of general contract law. The research findings lead to the conclusion that the law community should not dismiss the notion of deviation as it still remains a doctrine worth preserving.

Type: Article
Title: Is the Doctrine of Deviation only a Historical Record Today?
Open access status: An open access version is available from UCL Discovery
DOI: 10.14324/111.2052-1871.048
Publisher version: http://ojs.lib.ucl.ac.uk/index.php/LaJ/article/vie...
Language: English
URI: https://discovery.ucl.ac.uk/id/eprint/1470673
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