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LSDefine

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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starfishies
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ropes brought hope back to this chat
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that being said, that one A is making me question R&Ring
starfishies
16:18
reach out to see if they'd reimburse you for a visit. you should definitely go see the town before you decide
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starfishies
16:20
i went to asd and their office is very kind. i think there's a decent chance they'd reimburse you
Mostlylegal
16:21
@starfishies: have you had a date change at ndls?
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ClassyPleasantHeron
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starfishies
16:25
@Mostlylegal: yep i got 4/1 i applied early dec (it was my last app) and @Jupiter i really have an overall positive view of the school if you ever need positive confirmation for them
Mostlylegal
16:32
lets hope friday is our day, i just got mine tday
16:35
can i ask an lsat question rq?
Mostlylegal
16:37
sure
starfishies
16:38
yep hoping for some straggling decisions before the 4/15 deposit deadline but ill be alright if not
any guesses on the next wave for loyola chicago?
Looks like no waves td
captaincringe
18:16
Just got a WL email from Loyola Chicago a few mins ago. Good luck!
MrThickRopes
18:42
fo pm gon come thru 4 us tmrw
starfishies
18:43
absolutely
HumdrumSoreGecko
18:52
Any SMU waves soon? App status updated but nothing yet :)
19:15
2.9/17high splitter best shot?
19:15
2.9/17high splitter best shot?
MrThickRopes
19:35
bro got a 2.9 bro is NOT the thinker
starfishies
19:37
thats not nice
19:39
im dead😂
19:40
MrThickRopes
starfishies
19:40
washu would want u ;-;
19:41
Thank u!
[] c0bra1
20:40
is nyu doing tuesdays instead of wednesdays now
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