Also known as: deviation doctrine · deviation
Written by attorneys · grounded in primary & secondary sources — see below
An equitable doctrine that authorizes a court to modify the administrative provisions of a trust when unforeseen circumstances not anticipated by the settlor would substantially impair or defeat the trust's purposes if the original terms were strictly followed.
Quentin approved a live forklift stunt without barriers despite an engineer's written warning of probable death. A contestant died when a forklift crossed into the running lane. The gross deviation from reasonable care in approving the setup without safety measures established the criminal negligence required for involuntary manslaughter.
Quentin consciously disregarded the substantial risk created by high-speed forklifts and absent barriers after receiving the safety report. The disregard involved a gross deviation from the standard a law-abiding producer would observe. This recklessness satisfied the mental state for the homicide charge.
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A settlor created a trust with an outright remainder to a disabled beneficiary. Changed medical costs threatened to consume the assets. The court converted the remainder into a special needs trust because the unanticipated circumstances justified modification to further the trust purposes.
Quentin ignored repeated engineer warnings and permitted unlicensed high-speed forklift operation without barriers or permits. The resulting death of a contestant met the substantially greater deviation from reasonable conduct than civil negligence. The killing therefore constituted involuntary manslaughter.
Quentin should have been aware of the substantial risk of death from the forklift speeds and lack of barriers. His failure to perceive that risk involved a gross deviation from the standard of care a reasonable producer would observe. The resulting death supported an involuntary manslaughter charge under negligence principles.
Transatlantic contracted to ship goods from Texas to Iran via the usual Suez route. When the canal closed, the carrier rerouted around the Cape. The doctrine of deviation supplied the implied term requiring the customary route and framed the impossibility analysis for the altered performance.
Involuntary manslaughter requires a gross deviation from the standard of care creating a high risk of death or serious bodily harm. Depraved-heart murder demands a higher degree of reckless indifference to an unjustifiably high risk to human life.
A person acts recklessly when consciously disregarding a substantial and unjustifiable risk that the material element will result from the conduct. The disregard must involve a gross deviation from the standard a law-abiding person would observe in the actor's situation.
A court may modify administrative or dispositive provisions if circumstances not anticipated by the settlor would defeat the trust purposes under strict compliance. The modification must further the settlor's intent while preserving trust assets.
…the benefit of its members.[^maj-22] Cf. Gibson v. Berryhill , 411 U. S. 564, 578-579 (1973). The State Bar, by providing that deviation from County Bar minimum fees may lead to disciplinary action, has voluntarily joined in what is essentially a private anticompetitive activity, and in that posture cannot claim it is beyond…