JACK is a shipowner for Vessel MARKUS. Tom approaches him to take his shipment of oranges under a voyage charter from Jamaica to Belgium passing through transit ports in Miami, Florida, Cuba, and Mexico. The voyage is estimated to last 90 days. Mr. Henry accepts the charter, and the freight is negotiated and agreed. While in Miami, Florida, Vessel MARKUS ought to call at the Port of Miami but deviates instead and goes to another port to take on the additional crew on board. The deviation keeps the vessel out in that port for 3 additional days. On finally reaching to Belgium, it is discovered that Tom's shipment of oranges has suffered damage. On investigation, it is found out that the vessel deviated to another port in Miami to pick up additional crew members. Mr. Tom advises Mr. Henry that he is going to sue him for damages. Mr. Henry tells Mr. Tom that he is not at fault and further has a defence under Art IV, Rule 4 of the Hague-Visby Rules. Mr. Tom retains you for advice due to your expertise in maritime matters. Having looked at the matter, advise Mr. Tom of the issues as you have identified them