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Simple English definitions for legal terms

Himalaya clause

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A quick definition of Himalaya clause:

A Himalaya clause is a provision in a bill of lading that extends the carrier's defenses and limitations under the Carriage of Goods by Sea Act to third parties, such as employees, agents, and independent contractors. This means that if something goes wrong during the transportation of goods, these third parties are also protected from liability. However, the clause must be strictly construed and interpreted.

A more thorough explanation:

A Himalaya clause is a provision in a bill of lading that extends the carrier's defenses and limitations under the Carriage of Goods by Sea Act to third parties, such as employees, agents, and independent contractors. This means that if a third party is sued for damages related to the carriage of goods, they can use the same defenses and limitations as the carrier.

For example, if a cargo owner sues a stevedore for damage to their goods during loading, the stevedore can use the carrier's defenses and limitations to limit their liability. However, Himalaya clauses must be strictly construed, meaning that they are interpreted narrowly and only apply to the specific third parties named in the clause.

In the case of Robert C. Herd & Co. v. Krawill Machinery Corp., the Supreme Court held that a Himalaya clause must be strictly construed. In this case, a passenger on a cruise ship named The Himalaya sued the master and boatswain for negligence because the carrier was contractually exempt from all liability. However, because the contract did not have a Himalaya clause, the plaintiff succeeded in their lawsuit.

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Trismegistus
11:38
you guys are scaring me LUL
shaquilleoatmeal
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id say i want in on that group chat but realized a 29 yr old male in a group chat with a bunch of 20 somethin yr olds isnt a good look lmfao
JumpySubsequentDolphin
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girl you won’t even tell us where you work
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wait what gc
goooooooood morning vietnam
shaquilleoatmeal
11:40
i said at the end of the cycle, whats the rush baby
11:40
i want in >:(
shaquilleoatmeal
11:40
morning dino
Trismegistus
11:41
DOES MY WE EVEN MATTERRRR
lilypadfrog
11:41
@Trismegistus: u always crashing out. when I get annoyed I just bully Shaq you should try that
idk im having a good cycle
shaquilleoatmeal
11:42
lmfao, seems to work, u should try it @tris
11:42
bullying is the finest form of flirting there is
cumsock
11:43
damn most recent spivey blog hurting my soul
cumsock
11:43
ig this cycle really is tough
shaquilleoatmeal
11:43
@lilypadfrog: u know what they say about woman who are mean to men right 😉😚
shaquilleoatmeal
11:43
legal said it, i didnt lmao
Trismegistus
11:43
@lilypadfrog: the anxiety of not having a single decision is really getting to me
Trismegistus
11:43
im starting to tweak
Trismegistus
11:44
i can't bully shaq, fellow boston resident
TreponemaPallidum
11:44
Penne Penne Penn?
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omg penn
shaquilleoatmeal
11:44
@Trismegistus: real one
Trismegistus
11:44
thats only one person tho
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MASSIVE penn wave
Trismegistus
11:45
does penn call or portal?
lilypadfrog
11:46
@Trismegistus: twin when did you apply? I applied in mid nov
cumsock
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35% spike in applicants this cycle what the fuckkkkk
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i applied 5 days ago, should i be worried i missed this wave
Trismegistus
11:47
all my apps are oct- to mid nov, except nyu which was dec
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