Devest

See Vest. DEVIATIOM". In marine insurance, a voluntary departure, without necessity or reasonable cause, from the usual course of;he voyage.' Originally, only a departure from the;ourse of the voyage; now, a material de- ■ 3 Bl. Com. 151-52; Story, Eq. 5 69^-711, 906. » DSv-as-ta'-vit. > See 2 Bl. Com. 508; 3 id. 292; 71 Ala. 240. « [Ayers v. Lawrence, 69 N. Y. 197 (1874); Clift V. Vbite, iJ id. 531 (1855): 2 Williams, Exec. 1629. s smith V. Ayer, 101 U. S. 327-28 (18T9), cases. ' 1 Story, Eq. §§ 580-81. parture from or change in the risk insured against, without just cause.i Unnecessary delay may be tantamount to a deviation. It is understood as part of the contract that the voyage is to be prosecuted in the usual, ordinary route, and the business attended to with at least ordinary diligence. The shortness of the time, when delay is really intended, is immaterial.^ Turning aside to save the lives of persons upon a distressed vessel is not a deviation." Nor is it to touch and stay at a port out of the course of the voyage, it such departure is within the usage of the trade. When a bill of lading provides that the goods are to be carried from one port to another, prima facie a direct voyage is intended; butthis may be controlled by usage. Established usages relating to a voyage are impliedly made part of the contract, if nothing is expressed to the contrary.*

See Touch.