ABSTRACT
This chapter begins with the assertion that deviation and quasi-deviation belonged to a single genus and were confined to bailment. In The Antares, Lloyd, L.J. has expressed the view that deviation ought now to be assimilated into the ordinary law of contract. The chapter examines how the abolition of the doctrine of fundamental breach means the demise of deviation and quasi-deviation as well. By ascribing the effects of deviation to discharge for breach in Thorley v. Orchis, the Court of Appeal opened the way to a series of distortions the removal of which, fortunately, has now been made possible by the House of Lords in the Photo Production case. The problem of what to do after a termination in mid-voyage stemmed, ultimately, from what seems to have been an assumption by the Court of Appeal in the 1907 case of Thorley v. Orchis.
