DEPARTURE, Plädoyer. This is the case when a party leaves or deviates from the case or defence it originally raised and turns to another; That is the case where his reply or rejoinder contains elements which do not correspond to the author`s memory or means and which do not support or reinforce it. Co. Litt. 304, a; 2 Saund. 84, a, n. (1); 2 Wils. 98; 1 puppy. Pl. 619. The following example is intended to illustrate what a deviation is: if the accused is to be presumed, he invokes childhood and repetition of necessities, readmission, coercion, payment, release, etc., the rejoinder is a deviation and a good reason for the deviation because the accused leaves or deviates from the case or defence he presented first, Although one of these points is a new plea, a good argument would have been if it had first been argued as such. 2.

A deviation from the plea is never allowed, because the file would thus be transformed into infinite abundance; for a person who has departed from his first plea and renounced his first plea could resort to a second, third, fourth or even fortieth defence; Advocacy would thus become infinite. Those who had a bad thing would never be raised, and those who had a good thing would never reach the end of their trial. Summary of Oral Arguments, 92; 2 Saund. 84, n.e.c. l); 16 East, r. 39; Coin of 1 M. & S. 395. Dig. Oral argument, F 7, 11; Ferry. Abr. Pleas, L; Wine.

Abr. Departure; 1 Archb. Pl. civ. 247, 253; 1 puppy. Pl. 618. 3. A deviation shall be remedied by a judgment in favour of the person making the discrepancy, if the question raised as a deviation is essentially a sufficient response to what has previously been advanced by the other party; That is, if it had been sufficient, if it had been invoked at first instance. 2 Saund.

84 1 Lill. 444. DEPARTURE, Law of the Sea. A deviation from the insured route. 2. The departure is justified or unjustifiable, it is a justified negative consequence of meteorological stress, carrying out necessary repairs, assistance to a ship in distress, avoidance of capture, inability to navigate on the ship, mutiny of the crew or any other form of coercion. 1 bouv. Inst. No.

1189. A deviation shall be remedied by a judgment in favour of the person making the discrepancy, if the question raised as a deviation is essentially a sufficient response to what has previously been argued by the other party; That is, if it had been sufficient, if it had been invoked at first instance. If we speak against a capital vice, we should speak against its opposite; The middle between the two is the point of virtue. A deviation from the plea is never allowed, because the file would thus be transformed into infinite abundance; For the one who deviates from his first plea and renounced his first plea could fall back on a second, third, fourth or even fortieth defense, and the plea would thus become infinite. Those who had a bad thing would never be raised, and those who had a good thing would never reach the end of their trial. This is the case when a party leaves or deviates from the case or defence it originally raised and turns to another; That is the case where his reply or rejoinder contains elements which do not correspond to the author`s memory or means and which do not support or reinforce it.