Quasi-deviation: A Comprehensive Guide to Its Legal Definition

Definition & Meaning

The term quasi-deviation refers to specific breaches of a contract for the carriage of goods by sea. These breaches include actions such as unreasonable geographic deviation, over carriage, non-delivery, and delayed delivery of goods. When a carrier commits a quasi-deviation, they may lose the benefits of package limitations under the Carriage of Goods by Sea Act (COGSA). This loss also results in the carrier forfeiting their exemptions and limitations of liability.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A shipping company is contracted to deliver goods from New York to London but takes a longer route to avoid bad weather, resulting in a significant delay. This may be considered a quasi-deviation.

Example 2: A shipment intended for a specific retailer is mistakenly delivered to a different location, causing the retailer to lose sales. This scenario also illustrates quasi-deviation. (hypothetical example)

Comparison with related terms

Term Definition Key Differences
Deviation Any departure from the agreed shipping route. Quasi-deviation involves specific breaches that lead to loss of liability protections.
Delay Failure to deliver goods on time. Quasi-deviation includes delays that affect liability and benefits under COGSA.

What to do if this term applies to you

If you believe you are affected by quasi-deviation, consider the following steps:

  • Review your shipping contract to understand the terms and any potential breaches.
  • Document any delays or deviations and their impact on your business.
  • Consult with a legal professional to explore your options and rights.
  • You can also check US Legal Forms for relevant templates that may assist you in addressing your situation.

Quick facts

Attribute Details
Typical Fees Varies based on legal representation and case complexity.
Jurisdiction Federal and state maritime laws apply.
Possible Penalties Loss of liability protections and potential damages.

Key takeaways

Frequently asked questions

Quasi-deviation refers to specific breaches of a shipping contract that affect the carrier's liability protections.