해상물품운송법에서 이로법리의 해석과 적용 경향에 관한 연구 ― 영미법을 중심으로―

Abstract

In Anglo-American maritime law, the doctrine of deviation has been originated from the doctrine of marine insurance law established long before the enactment of the COGSA in the United States and England. As applied in admiralty law, the term “deviation” has been originally and generally employed to express the wandering or straying of a vessel from the customary course of the voyage, but, in the course of time, it has come to mean any variation in the conduct of a ship in the carriage of goods whereby the risk incident to the shipment would be increased, such as carrying the cargo on the deck of the ship contrary to custom and without the consent of the shipper, delay in carrying the goods, failure to deliver the goods at the port named in the bill of lading and carrying them farther to another port, or bringing them back to the port of original shipment and reshipping them. For example, a carrier's intentional destruction of the cargo amounts to “unreasonable deviation” because it is not a risk “any shipper bargains to undertake or should expect to bear.” This article examines such developments in interpretation and application of the quasi deviation's doctrine focusing on their effects on the carrier's liability.